Dodd v. . Neilson
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made Hay 8, 1882, which reversed an order of Special Term denying a motion on the part of plaintiff and granting the motion, which was for an order compelling George W. Smith, a purchaser, to take title to lands sold under a judgment herein.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made Hay 8, 1882, which reversed an order of Special Term denying a motion on the part of plaintiff and granting the motion, which was for an order compelling George W. Smith, a purchaser, to take title to lands sold under a judgment herein. The facts were admitted substantially as follows: John F. Griffin and William G. Bailey, being seized in fee of certain real estate situate in Brooklyn, conveyed same to Freeman Dodd. Dodd made a defeasance or agreement as follows: “ Deceived from William L.…
1Opinion of the Court
Andrews, Ch. J.
We think the purchaser should not be compelled to complete his purchase. It is a reasonable inference from the facts stated, that Haskins was the beneficial owner of the premises conveyed by Griffin and Bailey to Dodd, and that the conveyance was made at Haskins’ request. The instrument of October 1,1859, executed by Dodd to Haskins, concurrently with the delivery of the deed, declared that the conveyance was made to secure advances made by Dodd to Haskins, the amount of which is stated, and contains a covenant on the part of Dodd, either to hold the property until reimbursed…
2Cases cited1 opinion
- Stoddard v. . WhitingNew York Court of Appeals · 1871
3Cited by3 opinions
- Abbey v. TaberNew York Supreme Court · 1890
- German National Bank v. QueenAppellate Division of the Supreme Court of the State of New York · 1913
- Hall v. IrvinAppellate Terms of the Supreme Court of New York · 1902