Moore v. Burrows
New York Supreme Court
APPEAL by the defendants from an order made at a special term, whereby judgment was ordered for the plaintiff upon separate demurrers of the defendants to the complaint, with leave to the defendants to answer on payment of costs. From the complaint, it appears that in March, 1857, one William Burrows was the owner of a piece of land in the city of Rochester. He had received a deed of it to himself alone from the former owner.
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APPEAL by the defendants from an order made at a special term, whereby judgment was ordered for the plaintiff upon separate demurrers of the defendants to the complaint, with leave to the defendants to answer on payment of costs. From the complaint, it appears that in March, 1857, one William Burrows was the owner of a piece of land in the city of Rochester. He had received a deed of it to himself alone from the former owner. During that month he and his wife executed an agreement with one Josiah W. Burrows, one of their sons, by which they agreed to sell him the said land for $1000, in…
1Opinion of the CourtE. Darwin Smith, J.
The agreement set out in the complaint in this action, although it has in it some peculiar and special provisions, is in legal effect an ordinary contract for the conveyance of land on the payment of the purchase money. In such cases the estate vests, in equity, in the vendee, and the vendor retains the legal title as a mere lien for his security for the unpaid purchase money. The interest of the vendee in the contract is real estate, and goes to the heirs and not to the executors, (Champion v. Brown, 6 John. Ch. 398; Griffith v. Beecher, 10 Barb. 434; 18 id. 83;) and the same may be sold on…
2Cases cited1 opinion
- Griffith v. BeecherNew York Supreme Court · 1851
3Cited by17 opinions
- Liskey v. SnyderWest Virginia Supreme Court · 1904
- Baldwin v. . HumphreyNew York Court of Appeals · 1871
- Stevens v. ChadwickSupreme Court of Kansas · 1872
- Thomson v. . SmithNew York Court of Appeals · 1875
- McKechnie v. SterlingNew York Supreme Court · 1867
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