Robertson v. . Sayre
New York Court of Appeals
Appeal from judgment of tlie General Term of the Supreme Court in the first judicial department, entered upon an order made July 9, 1889, which affirmed a judgment in favor of defendant, entered upon the report of a referee. In January, 1841, David H. Bobertson purchased, in the name of Thomas H. II. Messenger, at a mortgage foreclosure sale, two lots in Harlem for fifty dollars.
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Appeal from judgment of tlie General Term of the Supreme Court in the first judicial department, entered upon an order made July 9, 1889, which affirmed a judgment in favor of defendant, entered upon the report of a referee. In January, 1841, David H. Bobertson purchased, in the name of Thomas H. II. Messenger, at a mortgage foreclosure sale, two lots in Harlem for fifty dollars. January 18, 1841, the master in chancery conveyed the premises to Messenger by a deed which was recorded January 19, 1841. Bobertson made the purchase, took the deed, procured it to be recorded and paid the…
1Opinion of the Court
Follett, Ch. J.
The learned counsel for the plaintiffs insists in his first point that title to the lots was never vested in Messenger, because he says a valid delivery of the deed and an acceptance of it by him were not proved. The plaintiffs are not in a position to raise this question, for they alleged in the fourth division of their complaint that the legal title to the lots in question was in Messenger until he conveyed them to the defendant. This allegation was not controverted by the answer. It was not found as a fact nor as a conclusion of law that there was not a valid delivery of the…
2Cases cited5 opinions
- Garfield v. . HatmakerNew York Court of Appeals · 1857
- Underwood v. . SutcliffeNew York Court of Appeals · 1879
- Brewster v. PowerNew York Court of Chancery · 1844
- Bates v. Lidgerwood Manuf'g Co.New York Supreme Court · 1888
- Hamilton v. ConeMassachusetts Supreme Judicial Court · 1868
3Cited by18 opinions
- Flegenheimer v. BroganNew York Court of Appeals · 1940
- Finnegan v. LafontaineSupreme Court of Connecticut · 1937
- Gage v. GageNew York Supreme Court · 1894
- Douglas v. KohartAppellate Division of the Supreme Court of the State of New York · 1921
- Flegenheimer v. BroganAppellate Division of the Supreme Court of the State of New York · 1940
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