Herman v. Somers

Citations

• 158 Pa. 424
• 27 A. 1050
• 1893 Pa. LEXIS 1606

Syllabus

<p>Vendor and vendee — Marketable title — Gontraet.</p> <p>In equity a marketable title is one in which there is no doubt involved, either as to matter of law or fact. Every title is doubtful which invites or exposes the party holding it to litigation. If there be a color of outstanding title which may prove substantial, though there is not enough in evidence to enable the chancellor to say so, a purchaser will not be held to take it and encounter the hazard of litigation.</p> <p>A covenant in a contract of sale of land that the property is “to be free from all liens and incumbrances,” and the hand money is “tobe refunded if title should not prove good on examination of record, or cannot' be made good,” is equivalent to a covenant to convey a good marketable title.</p> <p>A vendee of land will not be required to complete his contract of put chase where it appears that the vendor bought the land at sheriff’s sale, and affidavits in support of exceptions to the acknowledgment of the sheriff’s deed averred that the vendors husband had fraudulently procured the sale to defeat the rights of the real owners of the land who had recovered a verdict and judgment in ejectment.</p>