PACK v. NEWMAN

No. 164.

61 S.E.2d 90 (1950)

232 N.C. 397

PACK et al. v. NEWMAN et al.

Supreme Court of North Carolina.

September 27, 1950.


Attorney(s) appearing for the Case

M. R. McCown, Tryon, for plaintiffs, appellees.

J. Clyde Going, Landrum, S. C., for defendant, Clarence Newman, appellant.


ERVIN, Justice.

Under the agreement of the parties, the judgment awarding the sum in controversy to the plaintiffs can not be sustained on this appeal unless the deed from the plaintiffs to the defendant Clarence Newman vested in the latter "a marketable and indefeasible title" to the real property whereof Sarah C. Dailey died seized and possessed.

A "marketable title" is one free from reasonable doubt in law or fact as to its validity. Winkler v. Neilinger...

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