Chapman v. . West
New York Court of Appeals
Appeal from the Supreme Court. Action for a specific performance of a contract for the sale of land. The complaint sets forth a contract between the defendant Draper and the plaintiff, by which Draper agreed to sell to the plaintiff certain premises upon certain terms; that the plaintiff has offered to perform on - his part, and requested performance by Draper; that at the time of the agreement there were two mortgages on the premises agreed to be sold, with others, which it…
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Appeal from the Supreme Court. Action for a specific performance of a contract for the sale of land. The complaint sets forth a contract between the defendant Draper and the plaintiff, by which Draper agreed to sell to the plaintiff certain premises upon certain terms; that the plaintiff has offered to perform on - his part, and requested performance by Draper; that at the time of the agreement there were two mortgages on the premises agreed to be sold, with others, which it was the duty of Draper by the agreement to remove; that the premises covered by the mortgages, excepting therefrom…
1Opinion of the Court
The appellant was clearly entitled, when he commenced the action, to a judgment for a specific performance of the contract with Draper. If a conveyance to him had been executed at that time, he would have acquired by it, as an incident, the equitable right to require the mortgagees in the two mortgages on those premises, with others, to seek satisfaction, upon a foreclosure, by a sale in the first instance of that portion of the mortgaged premises still owned by Draper, after the conveyance to the appellant. It is a familiar principle of equity that when mortgaged premises are sold,…
2Cases cited1 opinion
- Guion v. KnappNew York Court of Chancery · 1836
3Cited by8 opinions
- Cooper v. BiglyMichigan Supreme Court · 1865
- McClaskey v. O'BrienWest Virginia Supreme Court · 1879
- Smith v. KimballSupreme Court of Kansas · 1887
- Holland v. CofieldSupreme Court of Oklahoma · 1910
- Seagrist v. CommissionerUnited States Board of Tax Appeals · 1940
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