Kursheedt v. Union Dime Savings Institution
New York Court of Appeals
Appeal from judgment of the General Term of tlie Supreme Court in the first judicial department, entered upon an order made March 31, ISSY, which affirmed a judgment in favor of plaintiffs, entered on a decision of the court on trial at Special Term. The nature of the action and facts are sufficiently stated in the opinion. Mrs. Sanford is a subsequent incumbrancer, and is barred by the proceedings subsequent to the filing of the lis pendens.
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Appeal from judgment of the General Term of tlie Supreme Court in the first judicial department, entered upon an order made March 31, ISSY, which affirmed a judgment in favor of plaintiffs, entered on a decision of the court on trial at Special Term. The nature of the action and facts are sufficiently stated in the opinion. Mrs. Sanford is a subsequent incumbrancer, and is barred by the proceedings subsequent to the filing of the lis pendens. (Old Code, § 132; Ostrom v. McCann, 21 How. 431; Fuller v. Scribner, 76 N. Y. 190; 16 Hun, 130; Cleveland v. Boreum, 24 N. Y. 622.) The title of the…
1Opinion of the CourtBradley, J.
The purpose of this action was to recover back the purchase-money paid by the plaintiffs to the defendant upon a contract, whereby the latter agreed to sell and convey to them certain land situated in the city of FTew York; and the alleged ground of the claim is that the defendant was unable to convey to the plaintiffs such title as they were entitled to under the contract. They recovered. The title which the defendant claims to have, came through that taken by one Powe from Catharine A. Ferris, who had the title on the first day of December, 1810, when she made a conveyance to Powe. That…
2Cases cited9 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Mills v. . Van VoorhiesNew York Court of Appeals · 1859
- Lamont v. . CheshireNew York Court of Appeals · 1875
- Denton v. NannyNew York Supreme Court · 1850
- Hayden v. BucklinNew York Court of Chancery · 1842
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3Cited by12 opinions
- Moore v. SchneiderCalifornia Supreme Court · 1925
- MacKenna v. . Fidelity Trust Co.New York Court of Appeals · 1906
- Webster v. PierceWisconsin Supreme Court · 1901
- New Falls Corp. v. Board of Managers of Parkchester North Condominium, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Jaycox v. SmithAppellate Division of the Supreme Court of the State of New York · 1897
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