Freeson v. . Bissell
New York Court of Appeals
Appeal from judgment of the Glen eral Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiffs, entered upon a decision of the court at Special Term. This action was brought to enforce by sale, as in case of foreclosure, an alleged equitable ■ lien for unpaid purchase money under a contract for a sale of land.
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Appeal from judgment of the Glen eral Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiffs, entered upon a decision of the court at Special Term. This action was brought to enforce by sale, as in case of foreclosure, an alleged equitable ■ lien for unpaid purchase money under a contract for a sale of land. In July, 1865, the parties entered into a contract by which plaintiffs agreed to sell to defendant certain premises situate in' Oneida county for $1,150, $500 of which was paid down and the balance of which defendant agreed to pay one year…
1Opinion of the CourtMilleb, J.
This action was brought to foreclose an equitable lien for the purchase-money under a contract for the sale of lands. The only question which was raised upon the trial and is presented by the exceptions is, whether a tender of a deed of the land by the plaintiffs to the defendant, before suit was brought, was necessary to enable the plaintiffs to maintain the action. The plaintiffs had a right to file a bill for the specific performance of the contract without making a tender of a deed before the commencement of an action. But in such a case they should have made an offer in the complaint to…
2Cases cited1 opinion
- Bruce v. . TilsonNew York Court of Appeals · 1862
3Cited by23 opinions
- Security Savings Co. v. MackenzieOregon Supreme Court · 1898
- Taylor v. Interstate Investment Co.Washington Supreme Court · 1913
- Harrington v. BirdsallNebraska Supreme Court · 1893
- Shelly v. MikkelsonNorth Dakota Supreme Court · 1895
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. ChisholmSupreme Court of Minnesota · 1893
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