Question

In an appropriate action by Rollins against Drew for specific performance, the vendor will (A) prevail, because he has obtained "good and marketable title" by adverse possession (B) prevail, because Rollins' action for specific performance is an action in rem to which Wilkins is not a necessary party (C) not prevail, because an adverse possessor takes title subject to an equitable lien from the dispossessed owner (D) not prevail, because Drew cannot be required to buy a lawsuit even if the probability is great that Drew would prevail against Rollins

Answer 1

The correct answer is (D) not prevail, because Drew cannot be required to buy a lawsuit even if the probability is great that Drew would prevail against Rollins.

In a specific performance lawsuit, the party seeking specific performance is asking the court to compel the other party to fulfill the terms of a contract, such as buying or selling property. However, specific performance is an equitable remedy, and the court has the discretion to decide whether it is an appropriate remedy based on the circumstances of the case.

In this scenario, if Drew does not want to go through with the transaction and would prefer not to buy the property, the court is unlikely to force Drew into the transaction, even if Rollins believes he has a strong case. Specific performance is not an automatic remedy, and the court will consider various factors, including the willingness of both parties to complete the transaction, in making its decision.

Step-by-step explanation:

Answer 2

(D) not prevail

Step-by-step explanation:

Drew cannot be required to buy a lawsuit even if the probability is great that Drew would prevail against Rollins