De Forest v. Leete
New York Supreme Court
THIS was an action of covenant, for the breach of the covenants contained in a deed, dated the 1st of April, 1812, executed by the defendant, by which he conveyed to the plaintiff two lots of land in the city of New-Yorlc, part of ^ie estate formerly oí Evert Byvanck, and distinguished on a maP *hat estate by Nos. 37 and 48. The breaches assigned were, that the defendant was not at the time of the sealing and delivery of the deed lawfully seised in his own right, &c. and had…
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THIS was an action of covenant, for the breach of the covenants contained in a deed, dated the 1st of April, 1812, executed by the defendant, by which he conveyed to the plaintiff two lots of land in the city of New-Yorlc, part of ^ie estate formerly oí Evert Byvanck, and distinguished on a maP *hat estate by Nos. 37 and 48. The breaches assigned were, that the defendant was not at the time of the sealing and delivery of the deed lawfully seised in his own right, &c. and had not good right and lawfol authority to grant, &c.; and “ that the said premises mentioned in the said indenture, were…
1Opinion of the CourtPlatt, J.
As between these parties, there is no foundation for the objection, that the Master disobeyed the decree, in selling the two lots in question, before he had ascertained that the other eight lots were insufficient to satisfy the mortgage.
The plaintiff was not a party to that proceeding in Chancery ; nor does it appear that he knew, that the decree was special in that respect; or that the Master had not complied with it. As to the plaintiff, it must be regarded as a sale on compulsion; and it was incumbent on the defendant as covenantor, and especially, as a party to the suit in Chancery, to…
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- Cowdrey v. CoitThe Superior Court of New York City · 1865
- Doctors' Service Corp. v. RussellNew York Supreme Court · 1923
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