« AnteriorContinuar »
ESS A Y
MARKETABLE OR DOUBTFUL
TO REAL ESTATE
BY S. ATKINSON, ESQ.
OF LINCOLN'S INN, BARRISTER AT LAW.
FROM THE LAST LONDON EDITION.
Law Bookseller and Publisher.
It may facilitate the perusal of the following Essay, and define the objects for which it may be consulted, to indicate concisely its general plan.
The main object is to illustrate the principles, and explain the practice, of Equity as to Marketable Titles. This involves a preliminary inquiry into the nature of suits for the specific performance of contracts for the sale of estates; as it is in such suits only that it becomes necessary for the Court to determine judicially, whether titles be such as a purchaser ought to accept.
In a suit for the specific performance of a contract of sale, there are two issues or questions for the determination of the Court
1st. Whether there be a valid contract at law, and such as, regard being had to the principles of equity, ought to be enforced?
2nd. Whether the vendor has a good title?
Hence, the subject matter of the following Essay naturally distributes itself under three heads:—first, a general explanation of the subject which involves, more particularly, an account of the meaning of the expressions marketable title and doubtful title;- second, the principles and practice of Courts of equity, in determining whether a contract ought to be enforced; and lastly, the grounds upon which titles may be
defective. And, accordingly, into these three heads, the following · pages are divided.
The last of these, in which the subject of title is considered, is also subdivided into three sections; in the first are stated the grounds on which the purchaser may object to the title,–in the second, is considered, the extent to which his right may be limited by the particulars and conditions of sale,--and, in the third, will be found a concise advertence to the acts by which his right to have a strict title may be waived.
The Appendix contains a more accurate and copious report than is