Legal Opinion

Jervis v. Smith

New York Court of Chancery

Decided June 10, 1840PublishedCited by 4 opinions

The bill was for a specific performance, and the case was submitted on written arguments.

1Opinion of the Court

The Assistant Vice-Chancellor :

Jacob Smith demised the premises in question to his wife Judith Smith; and appointed Obadiah Mills and Judith Smith, his exe- . enters. Both qualified, but the active ' duties fell upon Obadiah Mills. The latter entered into a .written, agreement with Jervis, for the sale of the premises to him, for the sum of $970. This agreement was dated the 19th of April, 1834, and is sufficiently proven by D. B. Bayly. The bill charges that this agreement was authorized, adopted, confirmed, and acquiesced in, by Judith Smith. That in pursuance thereof, he entered into…

2Cases cited1 opinion

  1. Harris v. KnickerbackerCourt for the Trial of Impeachments and Correction of Errors · 1830

3Cited by4 opinions

  1. Wheeler v. . ReynoldsNew York Court of Appeals · 1876
  2. Anson v. TownsendCalifornia Supreme Court · 1887
  3. Danforth v. LaneySupreme Court of Alabama · 1856
  4. McKinley v. HessenAppellate Division of the Supreme Court of the State of New York · 1909

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