A Treatise on the Law and Practice of Foreclosing Mortgages; On Real Property and of Remedies Collateral Thereto, with Forms
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 edition. Excerpt: ...the court will not compel him to complete the purchase.' A purchaser will not be compelled to take a title where the proceedings are for any reason void, as where the court has not had jurisdiction of the action, or wherea party in interest has not been served with the summons, ' or a subsequent incumbrancer has not been made a party to the suit.' Where the defects in the title to the premises sold can be corrected, and releases are procured within a reasonable time, or other things are done to remedy the defects in the title, the purchaser can not refuse to complete-his purchase." It has been said that while a purchaser, who has discovered a defect in his title at the proper time, may be relieved from his purchase by asking a rescission of the sale, yet he can not, while retaining his bid, ask to have his title perfected by the application of the proceeds of the sale to the claims of incumbrancers not parties to the action.' 688 MARKETABLE TITLE MUST BE orrnaan. 57 57o. Purchaser entitled to marketable title.----A purchaser of land under a decree of foreclosure is entitled to 8marketable title, ' and can not be compelled to accept adeficl which gives him only a doubtful title, or leaves him to the hazards of a contest with other parties which may seriously affect the value of the property.' A title open to reasonable doubt is not a marketable title.' _ A purchaser will not be compelled to accept a title wl'11Cll is so doubtful that it may expose him to litigation, even though such title may be considered good by the CourtAnd if there is a reasonable chance that some third peffivn may raise a question as to the title of the estate after the completion of the contract, the court will not...
- Paperback | 390 pages
- 189 x 246 x 20mm | 694g
- 13 Sep 2013
- Illustrations, black and white