Johnston v. Garvey
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Martin T. Garvey, from a judgment of the Supreme Court in favor of the plain tiff, entered in the office ■ of the clerk of the county of Mew York on the 14th day of June, 1909, upon the decision of the court, rendered after a trial at the Mew York Special Term, directing the specific performance of a contract of purchase and sale.
1Opinion of the Court
Miller, J.:
The question involved in this suit is the marketability of a title to premises which have been involved in much litigation. It is conceded that in 1874 the title was in Catherine Barrett. She made two deeds, one on the 3d of May, 1875, to William P. Powers, which was not recorded until after the. death of said Powers on the 6th of Movember, 1877, and the other to her mother-in-law, Bridget Barrett, on the 20th day of May, 1875, which recited a consideration of $7,000, and was recorded on the 25th of May, 1875. Joseph Hughes, the plaintiff’s testator, and William Hughes were the…
2Cases cited3 opinions
- Barson v. . MulliganNew York Court of Appeals · 1908
- Koehler v. . HughesNew York Court of Appeals · 1896
- Hagan v. DruckerAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by3 opinions
- Regan v. LanzeNew York Court of Appeals · 1976
- Tausk v. SiryNew York Supreme Court · 1920
- Johnston v. GarveyAppellate Division of the Supreme Court of the State of New York · 1910