Folliard v. Wallace
New York Supreme Court
This was ah action of covenant. The declaration contained four counts. The first count set forth the deed, bearing date the 19th of August, 1795, by which the defendant and Wells engaged, that in case the title sold ter. them in fee that day by the plaintiff, being for lot No. 12, jn ^jje township of Hector, containing 600 aci‘es, should prove g'ood and sufficient in law against all other claims that they would pay to the plaintiff, three-months after they should be well…
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This was ah action of covenant. The declaration contained four counts. The first count set forth the deed, bearing date the 19th of August, 1795, by which the defendant and Wells engaged, that in case the title sold ter. them in fee that day by the plaintiff, being for lot No. 12, jn ^jje township of Hector, containing 600 aci‘es, should prove g'ood and sufficient in law against all other claims that they would pay to the plaintiff, three-months after they should be well satisfied that they held the said 600 acres of land undisputed by any person whatsoever', and against all other claims as…
1Opinion of the Court
Kent, Ch. J.
The questions in this case principally respect the validity of the pleas. The declaration is correct, &nd states all that was requisite, in the first instance, to show a good and undisputed title conveyed to the defendant, and that he was bound to pay the money. He was to pay three months after being well satisfied, &c. and the award of the Onondaga commissioners ought to have satisfied him, until some lawful title appeared to controvert the one held under that decision. As that award was a public act, of which the defendant must be presumed to be conusant equally with the…
2Cited by25 opinions
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Moot v. . Business Men's Investment Assn.New York Court of Appeals · 1898
- Dennis v. Massachusetts Benefit Ass'nNew York Court of Appeals · 1890
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