Hyatt v. . Seeley
New York Court of Appeals
In December, 1847, Joseph R. Hyatt, the intestate, and Columbus W. Seeley, the appellant, entered into a contract for the sale by the former to the latter of certain real estate.The purchaser, Seeley, was to assume the payment of a mortgage upon the premises for $2000, and to pay $3000 in cash on the first day of April, 1848, when a deed was to be executed. The contract provided for a deed with full covenants.
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In December, 1847, Joseph R. Hyatt, the intestate, and Columbus W. Seeley, the appellant, entered into a contract for the sale by the former to the latter of certain real estate.The purchaser, Seeley, was to assume the payment of a mortgage upon the premises for $2000, and to pay $3000 in cash on the first day of April, 1848, when a deed was to be executed. The contract provided for a deed with full covenants. Joseph R. Hyatt died on the 24th of March, 1848, leaving six adult and five infant children. Letters of administration were granted to the petitioner, one of the adult children, on the…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The first question which this case presents, is whether the order from which the appeal was taken is appealable. The code (section 11) gives an appeal to this court from "a final order affecting a substantial right made in a special proceeding, or upon a summary application in an action after judgment."
I see no reason to doubt, that…
2Cited by6 opinions
- Matter of the Petition of LivingstonNew York Court of Appeals · 1866
- Dow v. LillieNorth Dakota Supreme Court · 1914
- In re FedermanNew York Supreme Court · 1933
- In re the Judicial Settlement of Account of the Syracuse Trust Co.Appellate Division of the Supreme Court of the State of New York · 1936
- In re the Personal Estate of HurlburtNew York Supreme Court · 1887
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