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2 Mich. N.P. 5

Allen v. Atkinson

Michigan Supreme Court

Decided October 15, 1870

Michigan Supreme Court · decided 1870-10-15

<p>Error to St. Clair Circuit.</p>

Decided 1870-10-15

¶1Opinion by

Cooley, J.

¶2In this country, where titles are recorded, when a .contract to convey land is silent concerning the title, it is to be assumed that the title is good, and it devolves upon the vendee, if he questions it, to show the defect. But the' vendee has an undoubted right to a good title and to a deed with proper covenants, and to insist that his title should be a marketable one. In this case when Atkinson showed a defect upon the record, the most that the vendor eould insist upon was that he should satisfy himself within a reasonable time whether the apparent incumbrance was a valid one or not.

¶3Judgment affirmed.

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