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Peoples Savings Bank of Pittsburgh, Appt., v. John Alexander

Supreme Court of Pennsylvania1886-04-19
2 Sadler 287

Authorities cited

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Opinion

majority opinion

Per Curiam :

This contention arises on an executory agreement wherein the vendor covenanted to sell and convey in fee simple “by a good and marketable title with general warranty and clear of all liens and encumbrances.” The master has found as a fact, in an opinion well fortified by authority, that the appellant is not able to convey by such a title. The court confirmed this finding. It is well settled by the authorities that a vendee, without knowledge of any defect in title when the agreement was executed, is not compelled to accept a doubtful title, or one that will probably require a lawsuit to establish its validity.

We discover no error in this decree.

Decree affirmed and appeal dismissed, at the costs of the appellant.