Sutphen v. Fowler
New York Court of Chancery
The bill in this cause was filed against the infant child and heir of Coenrad Fowler, deceased, for the specific performance of a contract for the sale and conveyance of lands in the state of Michigan. In May, 1836, the decedent entered into a written agreement to sell and convey to the complainant, the eighth of a section of land in the state of Michigan, for the consideration or price of $250 ; of which sum $200 was paid down.
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The bill in this cause was filed against the infant child and heir of Coenrad Fowler, deceased, for the specific performance of a contract for the sale and conveyance of lands in the state of Michigan. In May, 1836, the decedent entered into a written agreement to sell and convey to the complainant, the eighth of a section of land in the state of Michigan, for the consideration or price of $250 ; of which sum $200 was paid down. The residue of the consideration was to be paid on the first of January thereafter ; upon payment of which the decedent was to convey the premises to the complainant,…
1Opinion of the Court
The Chancellor.
The complainant is clearly entitled to a decree for a specific performance. And as the personal *282estate of the decedent is not sufficient to pay the debts, it is proper that the $50 received by him for another purpose, and not applied as intended, should be set off or applied in satisfaction of the same amount which remained due on this contract. The only difficulty, therefore, in making a perfect title to the premises, to the complainant, immediately, arises from the fact that the heir at law is an infant, and that the lands to be affected by the decree are not within the…
2Cited by29 opinions
- Cheever v. WilsonSupreme Court of the United States · 1870
- Patton v. DixonTennessee Supreme Court · 1900
- Chase v. Knickerbocker Phosphate Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Ashe v. YoungTexas Supreme Court · 1887
- Silver Camp Mining Co. v. DickertMontana Supreme Court · 1904
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