Young v. Paul
New Jersey Court of Chancery
The bill alleges that Abel Young, the defendant, is the owner of a farm, supposed to contain one hundred and seven acres, situated in the township of Oxford, in the county of’Warren, in the state of New Jersey; that on or about the 14th of December, 1854, the complainant applied to him to purchase his farm; and that, after some negotiation, it was agreed between them, that if the complainant would purchase of J. Elias Butz his farm, of about the same number of acres, the…
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The bill alleges that Abel Young, the defendant, is the owner of a farm, supposed to contain one hundred and seven acres, situated in the township of Oxford, in the county of’Warren, in the state of New Jersey; that on or about the 14th of December, 1854, the complainant applied to him to purchase his farm; and that, after some negotiation, it was agreed between them, that if the complainant would purchase of J. Elias Butz his farm, of about the same number of acres, the defendant would exchange his farm for the Butz farm and a thousand dollars difference; that at the request of the…
1Opinion of the Court
At the term of February, 1855, a decree was made in favor of the complainant. From this decree an appeal was taken. The Chancellor furnished the court with the following opinion, as containing the reasons for his decree :
The Chancellor.
There are several grounds upon which the defendant resists a decree for specific performance. I shall notice them in the order in which they were presented on the argument.
1. It is objected that the wife is not a party to the bill, and that no decree can be made against her to execute the deed, as she is not a party to the suit. No decree could be made against…
2Cases cited1 opinion
- Martin v. DwellyCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by3 opinions
- Miller v. HeadleyNew Jersey Court of Chancery · 1932
- Venino v. NaegeleNew Jersey Court of Chancery · 1926
- Bondarchuk v. BarberNew Jersey Court of Chancery · 1944