Lockman v. . Reilly
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 30, 1883, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to compel a specific performance of a contract for a sale by plaintiff and purchase by defendant of certain premises situate in the city of Mew York. Defendant refused to perform, claiming that plaintiff’s title was defective.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 30, 1883, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to compel a specific performance of a contract for a sale by plaintiff and purchase by defendant of certain premises situate in the city of Mew York. Defendant refused to perform, claiming that plaintiff’s title was defective. The material facts are stated in the opinion. At the time plaintiff foreclosed his mortgage, the legal title of the land…
1Opinion of the CourtRapallo, J.
We are of opinion that the objection taken by the defendant to the title of the plaintiff to the real estate agreed to be conveyed, is not well founded. The property was purchased by the plaintiff at a judicial sale under a judgment for the foreclosure of a mortgage held by him. The fee of the mortgaged premises was at the time of that foreclosure vested in Mrs. Sarah P. Raynor, executrix of William H. Raynor, deceased, subject to the mortgage held by the plaintiff. In foreclosing his mortgage, the plaintiff made Mrs. Raynor a party defendant individually and as executrix, but did not make…
2Cases cited3 opinions
- Clark v. ClarkNew York Court of Chancery · 1840
- Nodine v. GreenfieldNew York Court of Chancery · 1839
- Schoonmaker v. Van WyckNew York Supreme Court · 1860
3Cited by39 opinions
- Demorest v. City Bank Farmers Trust Co.Supreme Court of the United States · 1944
- Haberman v. . BakerNew York Court of Appeals · 1891
- Greenland v. . WaddellNew York Court of Appeals · 1889
- Landon v. . TownshendNew York Court of Appeals · 1889
- Stevenson v. PolkSupreme Court of Iowa · 1887
34 more not listed; retrieve them via the Exa API.