Doutney v. Lambie
Supreme Court of New Jersey
On appeal from a decree of the court of chancery advised by Vice-Chancellor Stevenson. This was a bill for specific performance of .a contract for exchange of real property. The defendant’s property is in this state, but complainant’s is in the city of New York in the district known as Morrisania.
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On appeal from a decree of the court of chancery advised by Vice-Chancellor Stevenson. This was a bill for specific performance of .a contract for exchange of real property. The defendant’s property is in this state, but complainant’s is in the city of New York in the district known as Morrisania. Defendant applied to a title guar-' antee companjr for a guaranty of complainant’s title, which that company refused unless the question of encroachment of the front wall of the building on Park avenue were excepted from the guaranty. Defendant not being satisfied with a guaranty on those terms,…
1Opinion of the Court
*278The opinion of the court was delivered by
Parker, J.
Our examination of the case and briefs (there was no oral argument) satisfies us that the decree in the court below was correct. The question of marketability was one of fact, and related to the exact location of the line of Park avenue, on which complainant’s building fronted. If the line was where complainant’s witnesses put it, the building did not encroach upon the street, and the title was consequently good; if, on the other hand, it was where defendant’s-witnesses located it, there was an encroachment by the front wall, of the building…
2Cited by12 opinions
- Moyer v. Devincentis Con. Co.Superior Court of Pennsylvania · 1932
- Goldstein v. EhrlickNew Jersey Court of Chancery · 1924
- Casriel v. KingNew Jersey Court of Chancery · 1948
- Vassar Holding Co. v. WuenschNew Jersey Court of Chancery · 1926
- Pound v. PleisterNew Jersey Court of Chancery · 1930
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