Where the record shows that the title to real estate is based upon the foreclosure of a mortgage by advertisement, and the record does not show that such mortgage contains a power of sale, the title is not marketable, even though the sheriff's deed contains a recital that the sale so made was pursuant to a clause contained in the mortgage, as such recital in the sheriff's deed is no evidence of the fact.82 A title is not marketable which rests upon a deed which essentially misdescribes the property conveyed.83

Where a suit is pending for specific performance of another contract against the vendor, which suit remains undetermined, such title is not merchantable.84

An individual holding title to land through a tax deed has a marketable title to such real estate after such notices as required by law had been served for the perfection of such tax title.85

Where a vendor has a title merchantable through adverse possession, such title does not meet the requirements of a contract calling for a merchantable title of record.86

79. Gildia v. Warren, 173 Mich 28.

80. Wilhelm v. Herron, 211 Mich. 339.

81. Sheldon v. Mich. Central R. Co., 161 Mich 503; Lake Shore, etc, R. Co. v. Serling, 189 Mich. 366.

82. Bradway v. Miller, 200 Mich. 648.

83. Id.

84. Surgey v. Dickey, 199 Mich. 251.

85. Hicks v. Smith, 183 Mich. 137.

86. Lake Brie Land Co. v. Chi-linski, 197 Mich. 216.

It is not essential that the vendor have a merchantable title at the time of the execution of the contract, if he is able to give a good title at the time he is required to do so under the terms of said contract.87

Where a vendor's title to the land at the time the contract was executed was defective, the vendor will not be permitted to rescind the contract for that reason if it appears that the vendor would be able to secure title at the time of the performance of the agreement.88

Where the record did not show that the vendor had acquired the outstanding interests of two heirs to the land, he was unable to convey a marketable title.89

One who had obtained land on a contract, and having assigned to three others an undivided 1/4 interest in said contract, was not in position to give a merchantable title to another who had notice of the assignment.90

Where title has been acquired through tax title, and more than five years have elapsed since he obtained such tax title, he is in position to give a merchantable title to real estate.91

Where vendor obtained title to the land through foreclosure of a mortgage, and the sale under such foreclosure was made ten years after the decree was entered, the title was for that reason, sufficiently doubtful so that the vendor could not give a marketable title to the land.92

Where a warranty deed was signed by a wife in blank and was afterwards filled in by the husband, the dower interest of the wife in the property is not barred and such deed does not convey a marketable title.98

Where a title was derived through foreclosure proceedings, and certain attaching creditors at the time of such proceedings, and certain parties holding a mortgage, were not made parties

87. Rogers v. Eaton, 181 Mich. 620; Darling v. Huff, 175 Mich. 304.

88. Silver v. Daenzer, 167 Mich. 362.

89. Weaver v. Richards, 144 Mich. 395.

90. Schwartz v. Woodruff, 132 Mich. 513.

91. Boynton v. Veldman, 131 Mich. 555.

92. Walker v. Gillman, 127 Mich. 269.

93. Maynard v. Davis, 127 Mich. 571.

to such foreclosure proceedings, they were not affected thereby, and the vendor could not for that reason, give a marketable title to the land.94

Where the statute provides that all persons who are minors, when their right to sue for land first accrues, may bring an action at any time within five years after attaining their majority for the recovery of such land and an administrator of an estate who has purchased a portion of the estate of said minor at a judicial sale, cannot give a perfect title to such property within 5 years from the time the youngest minor becomes of age as such minor has the right to repudiate such sale at any time within such five-year period.95

Where property was devised to a vendor under a will, such vendor could not give a good title to such real estate until after the probate proceedings had been closed, for the reason that claims might be outstanding in sufficient numbers to make it necessary to sell the real estate.96

If land contracted to be conveyed in a land contract is encumbered or clouded by an outstanding life estate, the vendor cannot convey a good and marketable title.97

Where the title of property was encumbered by an execution sale which had been previously made, such title is not marketable.98

The mere fact that a mortgage on real estate has not been released from the records, if such mortgage has been actually paid, will not prevent the owner from giving a good and marketable title to the property.99

We have appended to this note an abstract of the Michigan decisions wherein titles have been held to be defective.100

94. Todd v. McLaughlin, 125

Mich. 268.

95. Ford v. Wright, 114 Mich. 122.

96. Piatt v. Newman, 71 Mich. 112.

97. Deitman v. Arnold, 71 Mich. 656.

98. Scadin v. Sherwood, 67 Mich. 230.

99. Curran v. Rogers, 35 Mich. 220.

100. Bradway v. Miller, 200 Mich. 648. An agreement in a land contract that the vendor shall give an abstract showing a marketable title is good, and one which shows that the title rests upon the foreclosure of a mortgage, where such mortgage does not contain a power of sale, does not show a marketable title.

Bradway v. Miller, 200 Mich. 648. A title is not marketable which rests upon a deed which essentially misdescribes the property conveyed. Bradway v. Miller, 200 Mich. 648. An agreement in a land contract to furnish an abstract showing a marketable title is not complied with by evidence of adverse possession which might prevail in an ejectment suit or a suit to secure the correction of the records, and a request on the part of the plaintiff in a specific performance suit for time to have the records corrected was properly denied.