Stuyvesant v. . Weil
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made June 9, 1899, reversing a judgment in favor of defendant entered upon a. dismissal of the complaint by the court on trial a Special Term and directing judgment for the plaintiff.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made June 9, 1899, reversing a judgment in favor of defendant entered upon a. dismissal of the complaint by the court on trial a Special Term and directing judgment for the plaintiff. The defendant by an agreement in writing promised to convey to plaintiff certain real estate known as bios. 741 and 743 Amsterdam avenue and bio. 151 West blinty-sixth street in the city of blew York. The plaintiff -claiming that the defendant’s title was defective brought this action to compel specific…
1Opinion of the Court
Parker, Ch. J.
This action is brought on the equity side of the court to compel the defendant to convey the title of certain premises to the plaintiff in pursuance of the terms of a written contract, or, if unable to convey a marketable title, that he be decreed to return a partial payment made by the plaintiff. The trial court held that the title was marketable and decreed specific performance. The Appellate Division reached a contrary conclusion and,so reversed the judgment.
The defendant’s title comes through a foreclosure of a mortgage while Mary J. Stockton was the owner of the fee, but in…
2Cited by64 opinions
- W. T. Grant Co. v. SrogiNew York Court of Appeals · 1981
- Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
- Great Eastern Mall, Inc. v. CondonNew York Court of Appeals · 1975
- Ober v. HiltonAppellate Division of the Supreme Court of the State of New York · 1990
- Simpson v. Kenston Warehousing Corp.Appellate Division of the Supreme Court of the State of New York · 1989
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