Mills v. . Van Voorhies
New York Court of Appeals
Appeal from the Supreme Court. Action for the specific performance on a contract made in July, 1851, for the conveyance by the defendant to the plaintiff of fifty acres of land, now within the city of Brooklyn. The defendant was to give a deed with full covenants, conveying a perfect title.
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Appeal from the Supreme Court. Action for the specific performance on a contract made in July, 1851, for the conveyance by the defendant to the plaintiff of fifty acres of land, now within the city of Brooklyn. The defendant was to give a deed with full covenants, conveying a perfect title. He tendered a deed good in form in November, 1851. The plaintiff objected to the title on this ground: The plaintiff had, in 1885, conveyed a portion of the land to one Hans Learned, receiving from him a contemporaneous mortgage to secure the purchase money, in which his wife (if he had one) did not join.…
1Opinion of the CourtSelden, J.
It would not necessarily follow, even if all the objections originally taken by the plaintiff to the title of the defendant were unfounded, that a specific performance of the contract must be decreed. As, however, there is nothing in the case to impeach the good faith of the plaintiff, nor anything shown on the part of the defendant which would make it inequitable to compel a performance, it would seem that a court of equity, in the exercise of a sound discretion, would be called upon, if there is no defect in the title, to require the defendant to perform. The only objection not obviated by…
2Cases cited5 opinions
- Stow v. TifftNew York Supreme Court · 1818
- Hitchcock v. HarringtonNew York Supreme Court · 1810
- Collins v. TorryNew York Supreme Court · 1810
- Wilkinson v. ParishNew York Court of Chancery · 1831
- Fish v. FishSupreme Court of Connecticut · 1816
3Cited by57 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- May v. FletcherIndiana Supreme Court · 1872
- Merchants' Bank v. . ThomsonNew York Court of Appeals · 1873
- Mutual Life Insurance v. ShipmanNew York Court of Appeals · 1890
- Fletcher v. HolmesIndiana Supreme Court · 1870
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