Farmers' Loan & Trust Co. v. Eno
United States Circuit Court
Action by The Farmers’ Loan and Trust Company as .•administrator with the will annexed of William Kennelly, deceased, to enforce specific performance by Amos R. Eno, the defendant, of the latter’s contract to purchase a certain lot of land in the city of New York, entered into by him with the executors of plaintiff’s decedent in their lifetime. The action was defended on the ground that the title tendered was not marketable. The facts are fully stated in the opinion.
1Opinion of the CourtWallace, J.
Unless the plaintiff can give a marketable title to the real estate purchased by the defendant by *221contract, specific performance of the contract should not be-decreed.
The principal objection to the title is that the sale of' the real estate by the general assignee in bankruptcy, made-in May, 1844, was void, and did not pass to the purchaser the title of the bankrupt. The ground of this objection is-that the court in bankruptcy did not appoint the time of sale as required by section 9 of the Bankrupt Act of 1841. .That section reads as follows :
“ And be it further enacted, that all sales,…
2Cases cited9 opinions
- White v. LuningSupreme Court of the United States · 1876
- Jackson ex dem. Rogers v. ClarkNew York Supreme Court · 1810
- Jackson ex dem. Smith v. MarshNew York Supreme Court · 1826
- Roome v. . PhilipsNew York Court of Appeals · 1863
- Dygert v. PlettsNew York Supreme Court · 1841
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