Phillips v. Shiffer
New York Supreme Court
Appeal from a judgment. Lewis J. Phillips brought this action in . the supreme court against Samuel Shiffer, to compel specific performance of a contract for the purchase of real property in the city of New York. The defendant, the purchaser, declined to perform on the ground that plaintiff’s title was defeetive.
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Appeal from a judgment. Lewis J. Phillips brought this action in . the supreme court against Samuel Shiffer, to compel specific performance of a contract for the purchase of real property in the city of New York. The defendant, the purchaser, declined to perform on the ground that plaintiff’s title was defeetive. The plaintiff’s title was derived from one Harriet M. Wiswall, who took title by a sheriff’s deed made in 1835. , ' The defendant refused to accept the conveyance on the grounds : 1. That there was no legal evidence by record or otherwise that any writ of fieri facias had been issued…
1Opinion of the Court
By the Court.*—Davis, J.
[After stating above facts.]—Nearly forty years had elapsed between the delivery of the JL fa. to the sheriff and his sale thereunder, and the making of the contract between the parties to this suit; and the deed of the sheriff was executed in May, 1835, since when the plaintiff and they from whom he derives title have enjoyed undisturbed ownership, having clear record title except as affected by the defects alleged by the defendant.
The facts of the case are to be looked at through the atmosphere with which the lapse of nearly forty years surrounds them.
There was no…
2Cases cited3 opinions
- Wood v. . MorehouseNew York Court of Appeals · 1871
- Jackson ex dem. Cook v. ShepardNew York Supreme Court · 1827
- Wood v. MoorhouseNew York Supreme Court · 1869
3Cited by2 opinions
- Goldman v. KennedyNew York Supreme Court · 1888
- Dunham v. TownshendNew York Supreme Court · 1887