Legal Opinion

Barger v. Gery

New Jersey Court of Chancery

Decided November 10, 1902PublishedCited by 9 opinions

On 'bill for specific performance of contract for sale of land. Heard on bill, answer and proofs. The bill is filed by the vendor to compel the vendee to perform his contract. The vendee defends on the ground that the title offered is not marketable.

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On 'bill for specific performance of contract for sale of land. Heard on bill, answer and proofs. The bill is filed by the vendor to compel the vendee to perform his contract. The vendee defends on the ground that the title offered is not marketable. The title in dispute is traced back, through various conveyances which are not questioned, to a sheriff’s deed in a foreclosure suit made in 1877, twenty-three years before the contract was made which is sought to be specifically enforced in this suit. The alleged defect in the title may be described briefly as this: That the mortgage foreclosed…

1Opinion of the Court

Stevenson, V. C.

No exact definition has been, or probably can be, formulated of either a marketable or an unmarketable title. Various descriptions have been attempted. Professor Pomeroy lays down the law as follows:

“A specific performance will never be decreed- at the suit of the vendor whenever the doubt concerning his title is one which can only be settled by *268a further litigation, or when the court can see that the purchaser will, with reasonable probability, be exposed to bona, fide adverse claims on the part of third persons, and to the risk of litigation for the purpose of removing such…

2Cases cited6 opinions

  1. Vought v. . WilliamsNew York Court of Appeals · 1890
  2. Shriver v. . ShriverNew York Court of Appeals · 1881
  3. Hellreigel v. . ManningNew York Court of Appeals · 1884
  4. Ferry v. . SampsonNew York Court of Appeals · 1889
  5. Moser v. . CochraneNew York Court of Appeals · 1887

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. R. E. L. McCaskill Co. v. DekleSupreme Court of Florida · 1924
  2. Breitman v. JaehnalNew Jersey Court of Chancery · 1926
  3. Casriel v. KingNew Jersey Court of Chancery · 1948
  4. Gaub v. Nassau Homes, Inc.New Jersey Superior Court Appellate Division · 1958
  5. Hoffman v. PerkinsNew Jersey Superior Court Appellate Division · 1949

4 more not listed; retrieve them via the Exa API.

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