Comfi Homes Corp. v. Goldsmith

Submission of a controversy on an agreed statement of facts. Plaintiff and defendant are respectively seller and purchaser under a contract for the sale of a certain parcel of real property. The defendant purchaser claims that plaintiff’s title is unmarketable because of the effect of a deed dated November 5, 1868, and recorded June 1, 1869, from Phoebe and Michael McGee to Rose Dunn which contained a reference to an unrecorded deed made by plaintiff’s predecessor in title on October 6, 1868, and because of a mortgage executed by Rose Dunn to Patrick MeTeague dated March 26, 1873, and…