Matter of Ladue
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Mew York, made March 14, 1887, which affirmed an order of the Special Term, denying a motion to compel Emerson Coleman a purchaser, to complete his contract for the purchase of certain real estate. Prior to 1795 one Samuel Stillwell owned a tract of land in the city of Mew York that is now substantially encompassed by Eighth and Eleventh avenues and Eighty-fourth and Eighty-ninth streets in said city.
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Appeal from order of the General Term of the Superior Court of the city of Mew York, made March 14, 1887, which affirmed an order of the Special Term, denying a motion to compel Emerson Coleman a purchaser, to complete his contract for the purchase of certain real estate. Prior to 1795 one Samuel Stillwell owned a tract of land in the city of Mew York that is now substantially encompassed by Eighth and Eleventh avenues and Eighty-fourth and Eighty-ninth streets in said city. On the 13th of September, 1886, Charles Dickinson, as the special guardian of Pomeroy and Morton Ladue, infants,…
1Opinion of the CourtVann, J.
It is conceded that the respondent was not bound to fulfill unless at the time fixed for the completion of the contract a good and sufficient deed, conveying to him the fee simple of the interest contracted for, should be delivered or tendered. ¡No question is raised as to the method of procedure, or as to a formal tender, and the objections to the title are confined to that part of the premises agreed to be conveyed over which the old Stilwell road formerly passed. The main point of contention is whether the deed from Stilwell to Bowne conveyed the northerly half of that road, or only an…
2Cases cited5 opinions
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- Jackson ex dem. Klock v. HudsonNew York Supreme Court · 1808
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- Trowbridge v. . EhrichNew York Court of Appeals · 1908
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