Holmes v. Woods

Citations

• 168 Pa. 530
• 32 A. 54
• 1895 Pa. LEXIS 835

Syllabus

<p>Vendor and vendee — Marketable title — Specific performance.</p> <p>A recovery in an action of assumpsit for the purchase money due on a contract for the sale of land will have the effect of a decree for speciñe performance, and must be decided upon the same equitable principles.</p> <p>A doubtful title which exposes the holder of it to litigation is not marketable, and the rule in equity is that the purchaser will not be compelled to accept it.</p> <p>Partition — • Contingent interests.</p> <p>Contingent interests given by a will to persons now living, and to others yet unborn will not be divested by partition proceedings unless the persons living be made parties, and the interests of those unborn be submitted to the court and some one be appointed to represent them, or such order made for their protection as equity and justice require.</p> <p>Partition — Parties—Contingent interests — Marketable title.</p> <p>Plaintiff had two undivided eighth interests in land, subject to a life estate in his mother, which were liable to open to let in after-born children ; and under the will by which his mother took, certain others had contingent interests in the land. Upon his mother’s conveying to him her life estate in one eighth interest, plaintiff instituted proceedings for partition of all the land, wherein two of the defendants, being minors, appeared by guardian, and in which the interests of the unborn parties in interest were not submitted to the court for protection, and to which persons having contingent interests were not made parties. Held, that plaiutiff did not obtain by the partition proceedings a marketable title to the one eighth portion assigned to him in such proceedings.</p>