McCotter v. Lawrence
New York Supreme Court
APPEAL by defendants from a judgment in favor of plaintiff entered upon the report of a referee. The action was brought by Francis H. McCotter against Andrew Lawrence, executor, etc., of Abraham R. Lawrence, deceased, and others to enforce the specific performance of a contract for the sale of real estate.
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APPEAL by defendants from a judgment in favor of plaintiff entered upon the report of a referee. The action was brought by Francis H. McCotter against Andrew Lawrence, executor, etc., of Abraham R. Lawrence, deceased, and others to enforce the specific performance of a contract for the sale of real estate. The facts were these: In January, 1853, Abraham R. Lawrence and Alexander McCotter entered into an agreement, under seal, bearing date the 23d day of that month, for the sale to and purchase, by said Alexander McCotter, of forty-five acres of land for the price of $22,250, to be paid as…
1Opinion of the CourtGilbert, J.
Setting aside many considerations which might influence our discretion in granting or refusing a decree in this case, if the plaintiff were otherwise entitled ■ to a specific performance of the contract, we are of opinion that the judgment appealed from cannot be sustained upon any ground, legal or equitable.
The legal title to the lands in controversy is unquestionably vested in the New York Life Insurance and Trust Company. The plaintiff proved nothing more, at the utmost, than an equitable title to an undivided moiety thereof; and yet, on that proof alone, she has obtained a judgment,…
2Cases cited2 opinions
- Bruce v. . TilsonNew York Court of Appeals · 1862
- Gould v. SpencerNew York Supreme Court · 1804