Merchantable Title

A merchantable title must be good beyond a reasonable doubt, and this must appear from the abstract itself. That the title may, in fact, be good, or that it may be made good is insufficient. The abstract on its face must show that there is no reasonable doubt about it. The opinion of the court that it is probably good, is not sufficient. It must be such a title as will not detract from the salability of the land, or depreciate its value on the market, or expose the vendee to possible litigation or to the danger of being defeated in an action concerning it. If there is even a color of outstanding title which may prove substantial a purchaser will not be required to take it and thus encounter the hazard of litigation with an adverse claimant over whom the court has no jurisdiction. Where the vendor in a contract for the sale of him, all the vendee need do to defeat a bill by the vendor for specific performance is to show that that title which the vendor was prepared to convey was doubtful in character. 241 111. 514. On the other hand, an objection cannot be founded on unsubstantial trifles; and a bare possibility that the title may be affected by the existing causes which may subsequently be developed when the highest evidence of which the case admits, amounting to a moral certainty, is given that no such cause exists, is not to be regarded as a sufficient ground for a refusal to perform the contract. 156 111. App. 137, 138.