Picked up this Marlin.
Did not take it out to shoot it first, but decided to get into it to see if there was anything clearly wrong. It was pretty clean inside, but once I removed the top lever, it was clear as to what the issue was. The slot that engages with the bolt actuating arm was worn and widened on both sides. This caused undue slop in the top lever, along with making the lever sit far left of center when closed.
I hit the worn spots with some weld and re-filed the slot. Snug fit now. And also the top lever spring was worn out too. It broke when re-installing it. So I replaced that yesterday.
Just have to take it out now and shoot it to make sure all is well.