In re the Real Estate of Donaghy

Citations

• 9 Del. Ch. 441
• 80 A. 721
• 1911 Del. Ch. LEXIS 33

Syllabus

<p>Definition of a \marketable” title.</p> <p>The administrator at a sale of real estate represented that the title to the land was \good and marketable” and the purchaser refused to take it. The paper title back to a conveyance made by one H. of the land in 1856 was good, and the grantee of H. and those claiming under him, had exclusive and undisturbed possession. The only evidence of ownership of H. was a deed to her made in 1819 for an undivided one-eightli share of the land. Held, that the title was good and marketable and that the validity of it did not depend on proof of any material fact extrinsic the records.</p> <p>A vendee will not be compelled to accept a title by adverse possession upon the mere fact of uninterrupted possession for twenty years and the burden is upon the vendor to show that the legal owners during that period were not under such disability as would prevent the statute of limitations from running against them.</p> <p>A vendee will not be compelled to take a title, though it be in fact good, if it is subject to reasonable doubt, depending upon the ascertainment of some material fact, extrinsic to the record title, to be found by a jury when the question arises.</p> <p>The doctrine of caveat emptor should apply in sales under order of the Orphans’ Court; and the practice of imposing conditions on the estate, such as rC,presentations concerning the title should be discontinued.</p>