Tallmadge v. Wallis
New York Supreme Court
Error from the supreme court. Wallis sued Tallmadge in the superior court of the city of Hew-York in an action of debt on bond, bearing date 26th December, 1885, in the penal sum of §16,185, conditioned for the payment of $8,092,50. The defendant pleaded: 1, non est factum ; and 2, after craving oyer of the bond, and setting it forth that on the day of the date of the bond, the plaintiff, in consideration of the sum of §12,900, executed a deed, conveying to him in fee,…
Read the full summary
Error from the supreme court. Wallis sued Tallmadge in the superior court of the city of Hew-York in an action of debt on bond, bearing date 26th December, 1885, in the penal sum of §16,185, conditioned for the payment of $8,092,50. The defendant pleaded: 1, non est factum ; and 2, after craving oyer of the bond, and setting it forth that on the day of the date of the bond, the plaintiff, in consideration of the sum of §12,900, executed a deed, conveying to him in fee, thirteen lots of land in the city of Hew-York, subject to a certain ^mortgage for [ *108 ] §4,807.50, which he (the…
1Opinion of the Court
After advisement, the following opinion was delivered :
By .Chancellor.
The bond upon which this suit was brought was given to secure the purchase money of lands conveyed by Wallis, the plaintiff in the court below, to Tallmadge the defendant, in fee simple, subject to a mortgage specified in the conveyance. Wallis, in his deed, covenanted that he was seised in his own right of an absolute and indefeasible estate of inheritance in the whole of the premises conveyed, except as to the mortgage, and had good right to convey the same. The grantee pleaded these facts in bar to the suit on the bond ;…
2Cases cited2 opinions
- Burton v. StewartNew York Supreme Court · 1829
- Whitney v. LewisNew York Supreme Court · 1839
3Cited by13 opinions
- In Re BurrusSupreme Court of the United States · 1890
- Dunning v. . LeavittNew York Court of Appeals · 1881
- Lamerson v. MarvinNew York Supreme Court · 1850
- Lippincott v. LippincottSupreme Court of New Jersey · 1925
- In re BarryU.S. Circuit Court for the District of Southern New York · 1844
8 more not listed; retrieve them via the Exa API.