Mayer v. McCune
New York Court of Common Pleas
This action was brought for the specific performance of a contract between the parties above named, dated February 11, 1880, for the sale and exchange of certain real estate in the city of Flew York.
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This action was brought for the specific performance of a contract between the parties above named, dated February 11, 1880, for the sale and exchange of certain real estate in the city of Flew York. The defendant agreed to sell and convey to the plaintiff the house and lot known as 413 West Fiftieth street in said city, for the sum of $16,000, subject to a mortgage of $6,000. The plaintiff individually agreed to pay for said premises by giving warranty deed of premises known as No. 437 West Thirty-ninth street, in said contract valued at $12,000, subject to a mortgage of $7,000, and also…
1Opinion of the Court
Larremore, J. —
Defendant objects to the title on the following grounds:
I. That the plaintiff had no power to exchange the Fortieth street property. '
II. That she could not give a warranty deed, or sell the property in fee simple as she contracted to do.
III. That her testator’s indebtedness for the $5,540.59 was an incumbrance and lien on the property for which it could be sold by creditors at any time within three years from November 7,1877, to pay his debts.
First. As to the power to exchange. This objection is fully answered by the terms of the will. The testator gives plaintiff a life…
2Cases cited3 opinions
- Sharpe v. . FreemanNew York Court of Appeals · 1871
- Myers v. . De MierNew York Court of Appeals · 1873
- Myres v. DeMierNew York Court of Common Pleas · 1872