¶1By the terms and conditions of the sale, it was implied that the purchaser should have a good title by record. No purchaser could rea'onably be held to expect, from these terms and conditions, that a title by adverse possession, depending upon a long and difficult investigation of facts, would be offered to him. The title may be good; but a purchaser under such terms and conditions ought not to be held bound to accept it, and assume the burden of defending it against all comers. Butts v. Andrews, 136 Mass. 221. Bill dismissed.
139 Mass. 436
Noyes v. Johnson
Massachusetts Supreme Judicial Court
Decided June 19, 1885
Massachusetts Supreme Judicial Court · decided 1885-06-19
Bill in equity, filed April 21, 1884, for the specific performance of an agreement to purchase land, the terms and conditions of the sale, so far as now material to the case, being as follows: “Ten days given to examine title, and if, upon examination of the records, it shall appear that any material act or thing is necessary to be done or performed, in order to perfect the title to said premises, which the seller is unable to do or perform, within a reasonable time, not…
Relies on Butts v. Andrews
Good law ✅— No negative treatment on recordhow we know
Decided 1885-06-19
How this case has been cited
Cited by 14 later decisions — most recently September 1944
14 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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