Reeder v. Epps
Supreme Court of Arkansas
Appeal from Lee Circuit Court; J. M. Jackson, Judge; In the absence of an agreement that the title shall meet the approval of a certain attorney, the seller is only required to furnish a merchantable title. Warvelle on Vendors (2 ed.) 363. A marketable title is one which is unclouded by a reasonable doubt as to its sufficiency to enable the purchaser to hold the property in fee simple.
Read the full summary
Appeal from Lee Circuit Court; J. M. Jackson, Judge; In the absence of an agreement that the title shall meet the approval of a certain attorney, the seller is only required to furnish a merchantable title. Warvelle on Vendors (2 ed.) 363. A marketable title is one which is unclouded by a reasonable doubt as to its sufficiency to enable the purchaser to hold the property in fee simple. In this case there was an unbroken chain from the United States to the appellant. 63 Ark. 548. A deed from Mrs. Ford was not necessary, and a failure to procure one from her left no cloud upon the title. Lands…
1Opinion of the CourtMcCulloch, C. J.
This is an action to recover compensation alleged to have been earned by appellee as commissions in negotiating a sale of land by him for appellant.
The sale was not consummated, but appellee alleges, and attempts to prove, that he produced a purchaser “ready, willing and able” to buy the land upon the prescribed terms, and that the consummation of the sale was prevented by the fault of appellant.
Appellant resided in the State of Illinois and owned a tract of land in Lee County, Arkansas, which he placed upon the market for sale and listed it with appellee, who was in the real estate business…
2Cases cited5 opinions
- Birmingham Land & Loan Co. v. ThompsonSupreme Court of Alabama · 1888
- Cheatham v. YarbroughTennessee Supreme Court · 1891
- Moore v. IrwinSupreme Court of Arkansas · 1909
- Johnson Bros. v. WrightSupreme Court of Iowa · 1904
- Garcelon v. TibbettsSupreme Judicial Court of Maine · 1891
3Cited by11 opinions
- Reynolds v. AshabrannerSupreme Court of Arkansas · 1949
- Nelson v. StolzSupreme Court of Arkansas · 1939
- Boyles v. KnoxSupreme Court of Arkansas · 1947
- Lasker-Morris Bank & Trust Co. v. JonesSupreme Court of Arkansas · 1917
- Koury v. MorganSupreme Court of Arkansas · 1926
6 more not listed; retrieve them via the Exa API.