Clark v. Badgley

The bill is to recover down money on a contract made by defendants to sell their property to complainants. The ground of recovery is that the title was unmarketable in this respect: There was of record a judgment against one of the defendants. Within four months after the recovery of the judgment he had been petitioned in bankruptcy but not discharged at the time the contract was to be performed. Time was of the essence of the contract. The property was acquired after the bankruptcy proceedings. The complainants insist that the judgment was a lien and that a discharge in bankruptcy was…