Griffith v. Maxfield
Supreme Court of Arkansas
Appeal from Independence Circuit Court in Chancery. Richard H. Powell, Judge. The complaint stated a good cause of action. The deed tendered did not convey “a good and sufficient title in fee simple,” as conditioned in the bond for title, for the following reasons : (1) George Maxfield’s widow was entitled to dower. Her husband and Theodore Maxfield were tenants in common.
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Appeal from Independence Circuit Court in Chancery. Richard H. Powell, Judge. The complaint stated a good cause of action. The deed tendered did not convey “a good and sufficient title in fee simple,” as conditioned in the bond for title, for the following reasons : (1) George Maxfield’s widow was entitled to dower. Her husband and Theodore Maxfield were tenants in common. Sand. & H. Dig., sec. 2520. It does not appear that the widow was barred by seven years’ adverse possession. 30 Ark. 640; 48 id. 277. And if Theodore Maxfield had acquired the widow’s interest by adverse possession, this is…
1Opinion of the CourtBattle, J.
Upon the payment of the sum of $600, and 6 per cent, per annum interest thereon from the 26th day of August, 1889, the appellant, Griffith, was entitled to a marketable title to the bargained property unclouded by a reasonable doubt as to its sufficiency to enable him to hold the property in fee simple. His vendors agreed to convey to him such a title upon the condition stated, and he was not bound to.take anything less.
In Vought v. Williams, 120 N. Y. 253, the court said : “ It is an established principle of law t-hat every purchaser of real estate is entitled to a marketable title free from…
2Cases cited4 opinions
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Gill v. WellsCourt of Appeals of Maryland · 1883
- Close v. StuyvesantIllinois Supreme Court · 1890
- Butts v. AndrewsMassachusetts Supreme Judicial Court · 1884
3Cited by13 opinions
- Howe v. CoatesSupreme Court of Minnesota · 1906
- Mays v. BlairSupreme Court of Arkansas · 1915
- Hinton v. MartinSupreme Court of Arkansas · 1922
- Tupy v. KocourekSupreme Court of Arkansas · 1899
- Donna Loyce Camp, A/K/A Donna Loyce Pearce v. Commonwealth Land Title Insurance CompanyCourt of Appeals for the Eighth Circuit · 1986
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