Rehoboth Heights Development Co. v. Marshall

The Chancellor.

The contract of sale obligates the vendor to convey a good marketable', fee-simple title clear of all incumbrances. The sole objection to performance of the contract made by the defendant vendee is that the title tendered him is not a good marketable one. The record title in the complainant and its predecessors is conceded to be good as far back as July 7, 1887, when one TreDennick purchased a tract including the blocks in controversy at a judicial sale in execution of a judgment upon foreign attachment obtained by him against Curtis, Hughes and Fallon. The land was seized and…