Hill v. Ressegieu
New York Supreme Court
This was a suit for the specific performance of an agreement to convey real estate. The following facts and allegations were set up in the complaint.
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This was a suit for the specific performance of an agreement to convey real estate. The following facts and allegations were set up in the complaint. On the 26th September, 1849, ¡Nathaniel Ressegieu and the plaintiff entered into an agreement for the purchase and sale to the plaintiff of a farm, at $34 per acre, supposed to contain 97-J acres, to be conveyed by good and sufficient deed on the 15th of April, 1851—Resse-gieu to use it for firewood, and to have the use of the buildings in the meantime, but to farm it in a workmanlike manner, and then yield possession. The plaintiff was to pay…
1Opinion of the Court
By the Court, Hand, J.
A vendor who covenants to give a good and sufficient deed of conveyance, free of all incumbrances, is bound to make an operative conveyance; one that carries with it the title to the land. Even a deed with covenants of warranty is not sufficient, if the vendor has y title, or an imperfect one. (Everson v. Kirtland, 4 Paige, 628.Fletcher v. Button, 4 Comst. 396. Clute v. Robison, 2 John. 595. Jones v. Gardner, 10 Id. 266. Carpenter v. Bailey, 17 Wend. 244. Traver v. Halsted, 23 Id. 66. Church v. Brown, 15 Ves. 263.) And in the last case, Lord Eldon thought it carried a…
2Cases cited15 opinions
- Morss v. ElmendorfNew York Court of Chancery · 1844
- Robertson v. BullionsNew York Supreme Court · 1850
- Waters v. TravisCourt for the Trial of Impeachments and Correction of Errors · 1812
- Dimmick v. LockwoodNew York Supreme Court · 1833
- Clute v. RobinsonNew York Supreme Court · 1807
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3Cited by6 opinions
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