Brinkerhoff v. Martin

Reese, P. J.,

— This is a case stated in an action of assumpsit brought by plaintiffs to recover the purchase price of certain premises which defendants agreed to buy from plaintiffs. It is contended by defendants that plaintiffs cannot comply with their agreement to convey a “good, clear and marketable title” to the premises.

It appears that one of plaintiffs’ predecessors in title acquired the premises in 1883 by deed of conveyance from James Dunlap, executor of the last will and testament of Sarah Dunlap, who died July 30, 1882, seized of the premises in fee simple.

Sarah Dunlap’s will, after…