Cussack v. . Tweedy
New York Court of Appeals
' Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 11,1889, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought to recover back the amount paid by plaintiff on a contract for the purchase of certain premises. The facts, so far as material, are stated in the opinion.
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' Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 11,1889, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought to recover back the amount paid by plaintiff on a contract for the purchase of certain premises. The facts, so far as material, are stated in the opinion. A vendor, in fulfillment of an executorial contract for the sale of land, is bound to convey a good title to the purchaser unless the purchaser has relieved him from…
1Opinion of the CourtFinch, J.
The vendee objected to the title tendered by the vendor upon two grounds; one, that the complete title never vested in the latter’s testator ; and the other that, if it did, the executor’s power of sale did not cover and cut off a vested interest as to which the trust had terminated.
All the difficulty underlying the first objection rests upon an imperfect and incomplete deed which the executor caused to be recorded after a lapse of fifty years. Disregarding that, the title of the testator is complete and perfect. It is conceded that prior to April 15, 1813, the premises were owned by George…
2Cases cited2 opinions
- Crittenden v. . FairchildNew York Court of Appeals · 1869
- Bruner v. . MeigsNew York Court of Appeals · 1876
3Cited by23 opinions
- Rankine v. MetzgerAppellate Division of the Supreme Court of the State of New York · 1902
- Taber v. WilletsAppellate Division of the Supreme Court of the State of New York · 1896
- In Re the Construction of the Will of JonesNew York Court of Appeals · 1954
- In re the Estate of BielbyNew York Surrogate's Court · 1915
- Cary v. CarmanNew York Supreme Court · 1921
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