Adams v. Green
New York Supreme Court
APPEAL by the defendants from an order made at a special term, overruling a demurrer to the amended complaint. On the 5th of November, 1847, Abner Adams and the defendant Green made and executed the agreement set forth in the complaint, whereby Adams covenanted to convey the premises therein described to Green, his heirs and assigns, on payment of $1050 and interest, in ten installments, the last of which became due on the 1st day of January, 1857. All the payments were-to…
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APPEAL by the defendants from an order made at a special term, overruling a demurrer to the amended complaint. On the 5th of November, 1847, Abner Adams and the defendant Green made and executed the agreement set forth in the complaint, whereby Adams covenanted to convey the premises therein described to Green, his heirs and assigns, on payment of $1050 and interest, in ten installments, the last of which became due on the 1st day of January, 1857. All the payments were-to be made “previous to the party of the first part executing a deed to the party of the second part.” Green entered into…
1Opinion of the Court
E. Darwin Smith. J.
In the case of Moore v. Burrows (a) we were prepared at the last December term to decide that as between the executor and heir of a vendor, a con-, tract for the sale of lands was personal estate, and went to the executor and not to the heir. Before the decision was announced this case came on for argument, and as my brother Johnson was not satisfied with the proposed decision of that case we allowed the argument in this to proceed as though the question were an open one, and retained that case, with this, under advisement for further consideration. In looking into the case…
2Cited by2 opinions
- Baldwin v. . HumphreyNew York Court of Appeals · 1871
- Smith v. GageNew York Supreme Court · 1863