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Fanshaw v. Rotherham,
Farlow v. Weildon
Farquhar v. Farley
Farrer's case

Fawell v. Heelis
Featherstonhaugh v. Fenwick
Fellows v. Lord Gwydyr
Fenton v. Browne
Ferguson v. Tadman

Fielder v. Higginson
Fildes v. Hooker

Fillingham v. Bromley

Finch v. The Earl of Winchelsea
Fladong v. Winter
Flight v. Bolland

Flower v. Lord Bolingbroke
Fludyer v. Cocker
Flureau v. Thornhill

Forth v. The Duke of Norfolk
Fossill v. Franclin
Foster v. Deacon
Fox v. Bardwell
-v. Birch

v. Wright

Foxcraft v. Lister
Francis v. Wigzell

468, 479] Harmwood v. Oglander
276 Harnett v. Yielding
294 Harris v. Kemble
480 Harrington v. Wheeler
331 Harrison v. Coppard
95 Harrington v. Hoggart
85, 87 Harrison v. Harrison
123 Hartley v. Pehall
304 Hasker v. Sutton
353 Hatton v. Grey
257, 260 Hawes v. Swayne
406 Hawkins v. Kemp
584 Headen v. Rosher
422 Headley v. Redhead

156, 168, 169 Heaphy v. Hill

422 Heath v. Heath
290, 647 Hercy v. Dinwood
138 Hick v. Phillips
584 Hiern v. Mill
462 Higginson v. Clowes
303 Hill v. Buckley
462 Hillary v. Waller
315 Hincksman v. Smith
183 Hinton v. Hinton

67 Hitchcock v. Giddings

415, 446

43, 365

87

160

352

295, 296

350

18

17,385

157

459

132

212, 220

347

167

521

190

106

372

74

110

418-507

185, 367

177

146

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Gowland v. De Faria 179, 181, 212, 216 Hyde v. Wroughton

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152

8

480

v. Price

v. Strange

Prosser v. Watts
Prowse's case

Pulvortofte v. Pulvertofte
Purdew v. Jackson

Randall v. Errington
Rann v. Hughes
Rawlins v. Burgis
Raynes v. Wyse
Reeves v. Brymer
Revel v. Hussey
Rex v. Carpenter
Reynolds v. Blake
Rhodes v. Cook
Richards v. Richards
Rigby v. M'Namara
Rist v. Hobson
Roach v. Wadham
Roake v. Kidd

Roberts v. Massey
v. Wyatt

Robinson v. Page
Roe v. Ireland
Roffey v. Shallcross
Rogers v. Boehm
Romilly v. James
Rose v. Calland

v. Cunynghame Rowe v. Hasland v. Teed Ryles v. Swindells

Saberton v. Skeels Savage v. Carroll v. Taylor

Saunders v. Leslie
Savile v. Savile
Scott v. Airey

v. Hanson
v. Scholey

540 Spratt v. Jeffrey

436 Spurrier v. Fitzgerald
v. Hancock

198 Squire v. Baker

54 Stace v. Mabbott

36, 39 Stafford (Lord) v. Llewellyn

324 Stanhope's (Lord) case
418 Stanley v. Stanley

35 Stapleton v. Scott

443 Star v. Elliott

354 Staveley v. Ullithorne
153 Stevens v. Guppy

411 Stewart v. Alliston
268

71

v. Careless

v. Nicholls

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402

460

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585

565

529

269, 270

287, 361

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280

340

423, 424

522

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Wakeman v. The Dutchess of Rutland 384 Winch v. Winchester

Walker v. Barnes

111, 113

624 Winchester, Ex parte

287

v. Moore

141 Windsor (Dean and Canons of,) case

Wall v. Bright

40 of

464

Wallenger v. Hibbert

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Walters v. Pyman

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v. Upton

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Walwyn v. Coutts

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AN ESSAY

ON

MARKETABLE OR DOUBTFUL

TITLE S.

CHAPTER I.

Introductory Observations on the nature of Doubtful Titles.

In attempting to take a view of the present state of the law relative to what shall be considered a marketable title, it is obvious that the subject might be limited to a consideration of the equitable doctrine of doubtful titles. A more practical, however, and comprehensive survey of the subject will soon show, that so closely is the doctrine of marketable titles interwoven with the general law applicable to the transactions between vendor and purchaser, that the former cannot be adequately treated apart from the latter. It is proposed, therefore, *in the following [ *2 1 pages, to treat the subject of marketable titles on a broad and comprehensive foundation; and to employ in it a copious and detailed exposition of the present state of the law relative to vendors and purchasers.

The subject of marketable titles involves a doctrine, which is peculiar to the laws of this country, and which is recognized only in our Courts of Equity; and constitutes one of those numerous branches of equitable jurisdiction which have been brought into existence during the last century. The ordinary acceptation of the term marketable title, would convey but a very imperfect notion of its legal and technical import. To common apprehension, unfettered by the technical and conventional distinctions of lawyers, all titles being either good or bad, the former would be considered to be marketable, the other non-marketable. But this is not the way in which they are regarded in our courts of equity, the distinction taken there being,-not between a title, which is absolutely good, or absolutely bad, but between a title, which the court considers to be so clear that it will enforce its acceptance by a purchaser, and one which the court will not go so far as to declare it a bad title, but only that is subject to so much doubt that a purchaser ought not to be compelled to accept it.(a) In short, whatever may be the private opinion of the court,

(a) See Jervoise v. The Duke of Northumberland, 1 Jac. & Walk. 568, APRIL, 1838.-B

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