Irving v. . Campbell
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made October 29, 1888, which affirmed a judgment in favor "of plaintiff entered upon the report of a referee. The nature of the action and the facts so far as material are stated in the opinion; The conveyance from Thomas Lawrence to Eliza Irving was not legally established.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made October 29, 1888, which affirmed a judgment in favor "of plaintiff entered upon the report of a referee. The nature of the action and the facts so far as material are stated in the opinion; The conveyance from Thomas Lawrence to Eliza Irving was not legally established. (Dibble v. Rogers, 13 Wend. 532; Boyd v. Schlesinger, 59 N. Y. 301; Beekman v. Frost, 18 Johns. 544.) The attempt to obviate this objection in the absence of the original deed, and without Lawrence or his heirs at…
1Opinion of the Court
Ruger, Ch. J.
The object of this action was to compel the specific performance by the defendant of a contract made April 18, 1887, to purchase from the plaintiff certain real estate in the city of New York. Upon May 18,1887, the day appointed for the performance of the contract, the plaintiff duly tendered to the defendant a deed, sufficient in form, to convey the premises described, executed by her as grantor. The defendant objected to the proposed title, among others, upon the ground that there was no legal evidence of the transfer of title by Thomas Lawrence, through whom the plaintiff…
2Cases cited7 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Waller v. HarrisNew York Supreme Court · 1838
- Fryer v. . RockefellerNew York Court of Appeals · 1875
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3Cited by48 opinions
- Albany County Savings Bank v. McCartyNew York Court of Appeals · 1896
- Heller v. . CohenNew York Court of Appeals · 1897
- Cowdery v. GreenleeSupreme Court of Georgia · 1906
- McPherson v. . SchadeNew York Court of Appeals · 1896
- Howe v. CoatesSupreme Court of Minnesota · 1906
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