Dutch Church in Garden-Street v. Mott
New York Court of Chancery
The bill in this cause was filed, to compel the specific performance of a contract of sale to the defendants of a lot in the city of New-York, a part of the site of the Low Dutch Church in Garden Street, destroyed by the great fire in 1835. The only question in controversy between the parties was as to the power of the complainants to give to the defendants, as purchasers, a perfect and unincumbered title to the premises, The cause was brought to a hearing upon bill and…
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The bill in this cause was filed, to compel the specific performance of a contract of sale to the defendants of a lot in the city of New-York, a part of the site of the Low Dutch Church in Garden Street, destroyed by the great fire in 1835. The only question in controversy between the parties was as to the power of the complainants to give to the defendants, as purchasers, a perfect and unincumbered title to the premises, The cause was brought to a hearing upon bill and answer, and upon certain documentary evidence referred to in the bill and admitted in the answer; and was argued in June…
1Opinion of the Court
The Chancellor.
To understand the various questions raised on the hearing, and which were so fully and ably discussed in this case, it is necessary to advert to the early history of the title under which the complainants claim the right to sell and convey the premises in question, for the benefit of their church and congregation, under the order of this court authorizing a sale. It appears that on the 18th of February, 1691, the corporation of New-York conveyed to Samuel Bayard a lot on the north side of Garden Street, now Exchange Place, being 180 feet in front on the street, and including…
2Cited by51 opinions
- Williams v. . WilliamsNew York Court of Appeals · 1853
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Dresel v. JordanMassachusetts Supreme Judicial Court · 1870
- Townshend v. GoodfellowSupreme Court of Minnesota · 1889
- Grimes' Executors v. HarmonIndiana Supreme Court · 1871
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