14 N.Y.S. 64 | N.Y. Sup. Ct. | 1891
Moore v. Williams, 115 N. Y. 592, 22 N. E. Rep. 233, holds that the “right to an indisputable title, clear of defects and incumbrances, does not depend upon the agreement of the parties, but is given by the law. Within the meaning of this rule * * * a good title means not merely a title valid, in fact, but a marketable title, which can again be sold to a reasonable purchaser, or mortgaged to a person of reasonable prudence.” It remains to be considered, in the light of this and kindred decisions, whether the title tendered and rejected was such that a “reasonable purchaser or a person of reasonable prudence should have taken.” It is unnecessary to consider the questions raised upon the trial as to the validity of the deed made by Phoebe Sonnenstrahl directly to her husband, without consideration, and in contemplation of death, or whether Abraham Sonnenstrahl’s second wife was or was not an infant when she executed the deed tendered to plaintiff. The defendants tendered a deed 'sv^hich they asserted was based on a title derived through the infant proceedings, and the plaintiff repudiated the title upon the express grounds that such proceedings were fraudulent, irregular, and void. The issues thus raised by the parties at the time of closing title should be inquired into in determining whether the title tendered was an indisputable one. At the outset the claim that these proceedings were fraudulent in fact, or that any intentional wrong was present, are negatived not alone by the
Code Civil Proc. § 2345 et seq.