The Supreme Court could have determined the issue of whether there was good and marketable title but did not because the case was not of sufficient public interest to justify that, the case was remanded to the Eighth Circuit Court of Appeals.
12.
Because title to property that arises by operation of law is usually contingent upon proof of certain contingencies, and title records may not contain evidence of those contingencies, legal proceedings are sometimes required to turn title that arises by operation of law into marketable title.
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