Legal Opinion

Wiswall v. McGowan

New York Court of Chancery

Decided November 4, 1839PublishedCited by 9 opinions

This cause was heard upon a bill and amended bill. rp^g originai pip made Andrew McGowan alone a party, seeking a specific performance against him of a certain written contract. This was filed on the 3d of February, 1835. Afterwards the bill was amended by making the other defendants parties, as purchasers of the premises, the subject of the contract, and charging them with notice of the complainants’ rights, and upon other grounds seeking to avoid their conveyances.

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This cause was heard upon a bill and amended bill. rp^g originai pip made Andrew McGowan alone a party, seeking a specific performance against him of a certain written contract. This was filed on the 3d of February, 1835. Afterwards the bill was amended by making the other defendants parties, as purchasers of the premises, the subject of the contract, and charging them with notice of the complainants’ rights, and upon other grounds seeking to avoid their conveyances. The dates and facts are important and numerous, and are minutely stated in the opinion.

1Opinion of the Court

The Assistant Vice-Chancellor :

The original bill in this cause was filed on the 3d of February, 1835, against Andrew McGowan, for the purpose of compelling the execution of a certain written agreement for the sale of land, made between him and the complainants. The other defendants were afterwards brought in by amendment, having received deeds for the premises before the bill was filed, and the conveyances to them are sought to be set aside upon the ground of notice of the complainants’ rights, and that no title passed to them under such conveyances.

I shall first examine the case as against…

2Cases cited3 opinions

  1. Hepburn & Dundas v. AuldSupreme Court of the United States · 1809
  2. Delacroix v. BulkleyNew York Supreme Court · 1834
  3. Miller v. HolbrookNew York Supreme Court · 1828

3Cited by9 opinions

  1. Beal v. ChaseMichigan Supreme Court · 1875
  2. Clinton v. ShugartSupreme Court of Iowa · 1904
  3. Rutherford v. WilliamsSupreme Court of Missouri · 1867
  4. Boldt v. EarlyIndiana Court of Appeals · 1904
  5. Peeler v. LevyNew Jersey Court of Chancery · 1875

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