Postley v. Kafka

This is a submitted controversy, involving the question whether title to certain premises owned by plaintiffs and tendered to the defendant pursuant to a contract of sale, is a good and marketable title.

The property in question was derived by plaintiffs by mesne conveyances from one Gouverneur Morris, who in 1848 was the owner of a tract of land in Morrisania, in the town of West Farms, county of Westchester, State of New York, which he cut up into lots and sold to various purchasers, inserting in each deed, among other conditions not material to this decision, the following:

“ But this…