Farmers' L. & T. Co. v. Eno
U.S. Circuit Court for the District of Southern New York
In Equity. Bill for specific performance, brought by the Farmers’ Loan & Trust Company, as administrator with the will annexed, against Amos R. Eno.
1Opinion of the CourtWallace, J.
Unless the plaintiff can give a marketable title to the real estate purchased by the defendant by contract, 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…
2Cases cited10 opinions
- White v. LuningSupreme Court of the United States · 1876
- Mott v. . AckermanNew York Court of Appeals · 1883
- Jackson ex dem. Rogers v. ClarkNew York Supreme Court · 1810
- Jackson ex dem. Smith v. MarshNew York Supreme Court · 1826
- Jackson ex dem. Bond v. RootNew York Supreme Court · 1820
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3Cited by1 opinion
- Virginia & West Virginia Coal Co. v. CharlesDistrict Court, W.D. Virginia · 1917