Legal Opinion

Moore v. . Williams

New York Court of Appeals

Decided October 8, 1889PublishedCited by 85 opinions

Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order, made June. 23,1887, which affirmed a judgment in favor of plaintiffs; entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Barnes’ judgment is not a hen upon the land, and cannot be enforced against it.

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Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order, made June. 23,1887, which affirmed a judgment in favor of plaintiffs; entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Barnes’ judgment is not a hen upon the land, and cannot be enforced against it. (In re Howe, 1 Paige, 125 ; Ells v. Tousley, Id. 280 ; Gouverneur v. Titus, 6 id. 347; Tallman v. Farley, 1 Barb. 280; Trenton Banking Co. v. Duncan, 86 N. Y. 221; Lanning v. Carpenter, 48 id. 408; Kiersted v. Avery, 4 Paige,…

1Opinion of the CourtEarl, J.

The defendants, describing themselves as trustees, on the 8th day of December, 1884, entered into a written contract with the plaintiff to sell to him a lot of land known as Bo. 247 Fulton street, in the city of Brooklyn, for the sum of $25,000. The plaintiff at the time of executing the contract paid upon the purchase-price the sum of $250, and he was to pay $2,250 more upon execution and delivery to him of the deed on the 15th day of January, 1885 ; and he was to take the lot subject to a mortgage thereon for $22,500. The defendants agreed to give him a proper deed of bargain and sale for…

2Cases cited9 opinions

  1. Jeffries v. JeffriesMassachusetts Supreme Judicial Court · 1875
  2. Murray v. . HarwayNew York Court of Appeals · 1874
  3. Burwell v. . JacksonNew York Court of Appeals · 1854
  4. Jordan v. . PoillonNew York Court of Appeals · 1879
  5. Swayne v. LyonSupreme Court of Pennsylvania · 1871

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3Cited by85 opinions

  1. Fagan v. HookSupreme Court of Iowa · 1905
  2. Regan v. LanzeNew York Court of Appeals · 1976
  3. Haffey v. . LynchNew York Court of Appeals · 1894
  4. Irving v. . CampbellNew York Court of Appeals · 1890
  5. Howe v. CoatesSupreme Court of Minnesota · 1906

80 more not listed; retrieve them via the Exa API.

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