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Home > A Hand Book on the Marketability of Title in the State of New York
A Hand Book on the Marketability of Title in the State of New York

A Hand Book on the Marketability of Title in the State of New York

          
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About the Book

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. Excerpt from book: Section 3calls for is a policy free from exceptions which would leave open for adjudication by a court some factors in the title. Therefore when the title companies refuse to insure except subject to the state of facts shown by a survey, vendor cannot enforce specific performance by proving marketable title.41 But such insurance is no part of vendor's case; his tender of marketable title is sufficient in the absence of disapproval by the title com pany.42 textit{2. Doubtful Questions of Fact. 16. Test. All titles involve questions of fact. Metaphysically speaking, a title may be describedlike most other phenomena as a composite of facts any one of which textit{may be questioned. The simplest imaginable title, for instance, a patent from the state, still involves at least two complicated facts execution of the instrument of conveyance and location of the premises. But obviously all of the facts in most titles and most of the facts in all titles cannot be seriously questioned, or from a common sense point of view cannot be questioned at all. Titles in the same way involve questions of law usually arising on the construction of written instruments; and it is the purpose of this subdivision to point out the distinction between the two and to show what questions of fact create doubt sufficient to render title unmarketable. Perhaps it would have been better had no marketability case attempted to define the difference between questions of law and those of fact, since the most that has been accomplished is the following cryptic rule: The question as to the materiality of the defect is oneof fact when it depends upon and is an inference to be drawn from circumstances.1 Traced back to its source, this proves to be a condensation of the rough memorandum report of Stokes v. Johnson, 57 N. Y. 673, and ...


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Product Details
  • ISBN-13: 9781443299060
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Language: English
  • ISBN-10: 1443299065
  • Publisher Date: 06 Jul 2009
  • Binding: Digital (delivered electronically)
  • No of Pages: 500


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