Summy v. Ramsey

Citations

• 53 Wash. 93
• 101 P. 506
• 1909 Wash. LEXIS 1275

Syllabus

<p>Vendor and Purchaser — Marketable Title. A vendee contracting for an abstract showing a good title is entitled to a marketable title, i. e., one free from reasonable doubt.</p> <p>Same — Rescission by Vendee. A purchaser will not be allowed to rescind for defects in title, where it appears that he advertised and failed to resell the property at a profit, repented of his contract, obtained an attorney’s opinion searching out all possible defects, and refused to return the abstract for correction or afford reasonable opportunity to remove the alleged defects.</p> <p>Same — Mortgages—Merger. An abstract shows a marketable title notwithstanding reference to an unreleased mortgage, where it appears from the abstract that the mortgage had been assigned to one R. who subsequently obtained the full title and conveyed with full covenants, there being at the time no other outstanding lien and no record of any assignment of the mortgage pursuant to Bal. Code, §§ 4565, 4566; since a merger of the mortgage was shown.</p>