Thomson v. . Smith
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court upon trial at Special Term. This action was brought by plaintiffs, as executors of Jesse Thomson, deceased, to enforce an alleged lien for the purchase money under a contract for the sale of certain premises made between plaintiffs’ testator, as vendor, and defendants, as vendees.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court upon trial at Special Term. This action was brought by plaintiffs, as executors of Jesse Thomson, deceased, to enforce an alleged lien for the purchase money under a contract for the sale of certain premises made between plaintiffs’ testator, as vendor, and defendants, as vendees. The complaint set forth the contract, the payments thereon, the amount due and unpaid (it being the whole sum unpaid), the death of the…
1Opinion of the CourtEarl, J.
Jesse Thomson, in his lifetime, executed to the defendants Smith a contract for the sale and conveyance to them of the lands in question. Before performance of the contract on either side, he died, leaving a will, and these plaintiffs were appointed his executors. The defendants paid a portion of the purchase money to Thomson in his lifetime, and a portion since his death, leaving a large amount still due and unpaid; the whole of the balance having been due for several years before the commencement of this action. By the contract of sale, the land conveyed became real estate in the…
2Cases cited5 opinions
- Moyer v. . HinmanNew York Court of Appeals · 1855
- Beecher v. . ConradtNew York Court of Appeals · 1855
- Moore v. BurrowsNew York Supreme Court · 1861
- Smith v. McCluskeyNew York Supreme Court · 1866
- Schroeppel v. HopperNew York Supreme Court · 1863
3Cited by15 opinions
- Ewing v. . WightmanNew York Court of Appeals · 1901
- Phillis v. GrossSouth Dakota Supreme Court · 1913
- McCroskey v. LaddCalifornia Supreme Court · 1892
- In re the Estate of De StuersNew York Surrogate's Court · 1950
- In re the Estate of MaguireNew York Surrogate's Court · 1936
10 more not listed; retrieve them via the Exa API.