International Paper Co. v. Hudson River Water Power Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Hudson River Water Power Company and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 20th day of January, 1903, upon the decision of the court, rendered after a trial at the Montgomery Special Term, overruling the said defendants’ separate demurrers to the plaintiff’s complaint. The plaintiff’s complaint is very long.
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Appeal by the defendants, the Hudson River Water Power Company and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 20th day of January, 1903, upon the decision of the court, rendered after a trial at the Montgomery Special Term, overruling the said defendants’ separate demurrers to the plaintiff’s complaint. The plaintiff’s complaint is very long. The following is a summary of the allegations thereof, so far as material, on this appeal: The plaintiff in or about February, 1898, became…
1Opinion of the Court
Chase, J.:
In an action for specific performance all persons having or claiming an interest in the'land derived from the vendor after the contract and with notice thereof are necessary defendants in a suit brought by. the vendee or his representatives. (Pom. Spec. Perf. Cont. [2d ed.] § 493.)
This is an action in equity. The equitable doctrines with respect to parties and judgments are wholly unlike those which prevailed at the common law, different in their fundamental conceptions, in their *66practical operation, in their adaptability to circumstances and in their results upon the rights and…
2Cases cited5 opinions
- Sage v. . CulverNew York Court of Appeals · 1895
- Winne v. . WinneNew York Court of Appeals · 1901
- Zebley v. Farmers' Loan & Trust Co.New York Court of Appeals · 1893
- Townsend v. . BogertNew York Court of Appeals · 1891
- Hall v. GilmanAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by5 opinions
- Mawhinney v. BlissAppellate Division of the Supreme Court of the State of New York · 1908
- Brennan v. BarnesNew York Supreme Court · 1928
- Burns v. Niagara, Lockport & Ontario Power Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Gavazzi v. DryfoosNew York Supreme Court · 1905
- Wasserman v. MansonAppellate Division of the Supreme Court of the State of New York · 1929