Morette v. Bostwick
New York Supreme Court
Agtioh to recover amount paid by a grantee to remove an alleged cloud upon title to certain real estate.
1Opinion of the CourtErlanger, J.
This action was tried before me without a jury, the parties having stipulated that all questions of law and fact be determined by me. Judgment is demanded against the defendant upon the following facts: On August J, 1885, the defendant by deed containing the usual covenants and warranty of title conveyed to the plaintiff in fee the premises described in the complaint. It was expressly covenanted that the premises were then free and clear of all incumbrances whatsoever. At the time of the execution of such deed the defendant was living apart from his wife by virtue of an agreement -of…
2Cases cited8 opinions
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Conner v. . ReevesNew York Court of Appeals · 1886
- Witthaus v. . SchackNew York Court of Appeals · 1887
- Cornell v. . Travelers' Ins. Co.New York Court of Appeals · 1903
- Geiszler v. . De GraafNew York Court of Appeals · 1901
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3Cited by1 opinion
- Morette v. BostwickAppellate Division of the Supreme Court of the State of New York · 1908