Simmons and Boyd entered into a written contract for the sale and purchase of Wideacre. The contract provided that "Simmons agrees to convey a good and marketable title to Boyd 60 days from the date of this contract." The purchase price was stated as $60,000. At the time set for closing Simmons tendered a deed in the form agreed to in the contract. Boyd's examination of the record prior to the date of closing had disclosed, however, that the owner of record was not Simmons, but Olson. Further investigation by Boyd revealed that, notwithstanding the state of the record, Simmons had been in what Boyd conceded as adverse possession for 15 years. The period of time to acquire title by adverse possession in the jurisdiction is 10 years. Boyd refuses to pay the purchase price or to take possession "because of the inability of Simmons to transfer a marketable title." In an appropriate action by Simmons against Boyd for specific performance, Simmons will 
prevail, because he has obtained a "good and marketable title" by adverse possession.  prevail, because Simmons' action for specific performance is an action in rem even though Olson is not a party.  not prevail, because Boyd cannot be required to buy a lawsuit even if the probability is great that Boyd would prevail against Olson.  not prevail, because Simmons' failure to disclose his lack of record title constitutes fraud