Union Savings Bank v. Taber
Supreme Court of Rhode Island
Bill in Equity for specific performance. On demurrer to the bill. The case is fully stated in the opinion of the court. James Tillinghast, in support of the demurrer. The defendant demurs to the bill, first, because the complainant, “ as appears by its said bill, has not and cannot make to this defendant a good marketable title to the lands and estate described in its said bill, and in the contract therein referred to ; ” second, generally, for want of equity.
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Bill in Equity for specific performance. On demurrer to the bill. The case is fully stated in the opinion of the court. James Tillinghast, in support of the demurrer. The defendant demurs to the bill, first, because the complainant, “ as appears by its said bill, has not and cannot make to this defendant a good marketable title to the lands and estate described in its said bill, and in the contract therein referred to ; ” second, generally, for want of equity. I. Mr. Jennings, at the date of the deed, September 25, 1834, not only had by marital right a vested estate in possession of these…
1Opinion of the Court
Durfee C. J.
This is a bill for the specific performance of a contract for the sale and purchase of land, brought by the complainant as vendor, against the defendant as purchaser. The land consists of 108 acres in the city of Providence, and includes lots 4 and 5 on the plat of the “ Jonas L. Wanton Farm.” The bill states the complainant’s title in detail. The defendant demurs on the ground that the title to lot 4, and to two undivided fifth parts of lot 5, is defective. Lot 4 and one undivided fifth of lot 5 formerly belonged to Isaac Jennings and Abby W., his wife, in her right. As to this…
2Cases cited3 opinions
- Warfield v. LindellSupreme Court of Missouri · 1860
- Johnson v. GivensCourt of Appeals of Kentucky · 1860
- Lapeyre v. PaulSupreme Court of Missouri · 1871
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