Nodine v. Greenfield
New York Court of Chancery
Tub bill in this cause was filed for the specific performanco of a contract to purchase lot No. 58, on Hammond street, in the city of New-York; and a reference was directed to a master, to inquire and report whether the complainant had, or could give, a good title to the premises. The master having reported in favor of the title, the case came before the court upon the exceptions of the defendants to his report.
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Tub bill in this cause was filed for the specific performanco of a contract to purchase lot No. 58, on Hammond street, in the city of New-York; and a reference was directed to a master, to inquire and report whether the complainant had, or could give, a good title to the premises. The master having reported in favor of the title, the case came before the court upon the exceptions of the defendants to his report. The facts in relation to the title, and upon which a legal question as to the validity of the complainant’s title arose, were as follows : In September, 1805, J. Ruden was seized in…
1Opinion of the Court
The Chancellor.
The objection to the title in this cause is, that the children of A. Ruden, who were in existence at the time the bill of foreclosure was filed, and who were the first devisees of the remainder in fee after the termination of the life estate of the widow, were not made parties to the suit; and that their equity of redemption was, therefore, not extinguished by the sale under the decree in that suit. This objection appears to be well taken; and the master therefore erred in reporting that the complainant could give a good title.
No estate whatever was vested in the executors in…
2Cases cited1 opinion
- Doe ex dem. Barnes v. ProvoostNew York Supreme Court · 1809
3Cited by35 opinions
- Cochrane v. . SchellNew York Court of Appeals · 1894
- Kent v. . Church of St. MichaelNew York Court of Appeals · 1892
- Byrnes v. . StilwellNew York Court of Appeals · 1886
- Ruggles v. TysonWisconsin Supreme Court · 1899
- Lockman v. . ReillyNew York Court of Appeals · 1884
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