Moyer v. Hinman
New York Supreme Court
The plaintiff in this' action sought to stay proceedings in an action brought by the defendant to recover the possession of certain premises in Oswego county, and to compel a conveyance of the same premises to him. In 1835 one H. W. Schroeppel, being the owner of the lands, contracted to sell them to the plaintiff, who paid a small part of the purchase money and entered into possession and made improvements on the property.
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The plaintiff in this' action sought to stay proceedings in an action brought by the defendant to recover the possession of certain premises in Oswego county, and to compel a conveyance of the same premises to him. In 1835 one H. W. Schroeppel, being the owner of the lands, contracted to sell them to the plaintiff, who paid a small part of the purchase money and entered into possession and made improvements on the property. In 1838 a judgment was recovered against Schroeppel, which became a lien upon the premises in question, and under which they were sold in 1844, and a sheriff’s deed…
1Opinion of the Court
By the Court, W. F. Allen,. J.
At the time of the recovery of the judgment and the sale by the sheriff, the legal title to the premises was in Schroeppel, the judgment debtor.; and the contract of purchase by the plaintiff is to be regarded as a simple executory agreement and as not attaching to the property in any manner, as an incident, or as a present or future charge. *139No legal interest vested in the plaintiff in virtue of his contract; which could be sold or in any way reached by process of law. (Story’s Eq. Jur. § 790. Bogart v. Perry, 1 John. Ch. Rep. 52; S. C. in error, 17 John. 351.)…
2Cases cited5 opinions
- Governeur v. LynchNew York Court of Chancery · 1830
- Keirsted v. AveryNew York Court of Chancery · 1832
- Hampson v. EdelenCourt of Appeals of Maryland · 1806
- Bogert v. PerryCourt for the Trial of Impeachments and Correction of Errors · 1819
- Truscott v. KingNew York Supreme Court · 1849
3Cited by10 opinions
- Secombe v. SteeleSupreme Court of the United States · 1858
- Dalrymple v. Security Improvement Co.North Dakota Supreme Court · 1902
- Filley v. DuncanNebraska Supreme Court · 1871
- Riverdale Mining Co. v. WicksCalifornia Court of Appeal · 1910
- Smith v. GageNew York Supreme Court · 1863
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