Marketable Title to Real Estate; Being Also a Treatise On the Rights And Remedies of Vendors And Purchasers of Defective Titles, Including the Law of Covenants for Title, the Doctrine of Specific Performance, And Other Kindred Subjects

Cover Marketable Title to Real Estate; Being Also a Treatise On the Rights And Remedies of Vendors And Purchasers of Defective Titles, Including the Law of Covenants for Title, the Doctrine of Specific Performance, And Other Kindred Subjects
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Dayton v. Melick, 33 N. J.
Eq. 570. DeKay v. Bliss, (N. Y.) 34 N. E. Rep. 300. Jones Mortg. (4th ed.) 1490.
' Post, g 337. Peers v. Barnett, 13 Grat. (Va.) 415, where it was said by the court: "A distinction seems to have been taken by some of the reported cases as to the relief a court of equity will extend to a vendee who has accepted his deed with covenants of general warranty, where he seeks to enjoin a judgment for, or the collection of, the purchase money, and the case where the vendor, i
...nstead of proceeding against the vendee personally, is attempting to sell the land under a deed of trust or by bill in equity; that although the facts may not authorize the court to enjoin the collection of the purchase money by a proceeding against the vendee at law, yet as a court of equity reprobates a sale of land when clouds are hanging over the title, it will, for the benefit of the parties and the security of the purchaser at any sale of the subject enjoin or refuse to decree a sale of the land until the title is cleared up.

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