Carr v. Dooley

The action is to recover $100 deposit made on a contract of purchase of certain real property at Flushing, and $80.42 expenses of examining. title, upon the ground that on September 3,- 1895, the time fixed for completing the purchase, the defendant was unable to convey because of four certain mortgages upon the property which were unpaid and unsatisfied of record. The defendant cites from Maupin on Marketable Title ■ to Eeal Estate, p. 728, § 304, that portion wherein the author says: “ As a general rule an incumbrance upon the premises, so long as it may be removed by application of the…