Levy v. Iroquois Building Co.

Citations

• 80 Md. 300
• 30 A. 707
• 1894 Md. LEXIS 127

Syllabus

<p>Specific Performance — Marketable Title — Bona Fide Purchaser.</p> <p>Upon a bill for specific performance, where the defence is that the title to the property is not marketable, the Court does not decide whether the title is absolutely good or absolutely bad, but whether it is reasonably clear and free from doubt.</p> <p>It is not every doubt, or even threat of contest, that will be sufficient to defeat a demand for the specific performance of a contract to buy land, but the doubt must be a reasonable one.</p> <p>A. made a voluntary conveyance of certain property to his daughter B. in 1879, and four days later he made a will. On a caveat filed to this will in 1892, the same was set aside as having been obtained by' fraud and undue influence exercised by B. After the filing of the caveat, the property so conveyed to B. was conveyed by her to the plaintiff, who agreed to sell the same to the defendant. The heirs at law of A. refused to relinquish their rights- in the property, if any, but did not threaten to assail the validity of the deed from A. to B. Held,</p> <p>That since the plaintiff was a bona fide purchaser for value without notice, his title was free from reasonable doubt, and that specific performance should be decreed.</p>