Morris v. . Whitcher
New York Court of Appeals
Appeal from the Supreme Court. Action to obtain possession of land. On the trial before Mr. Justice Gbeene, a jury being waived, at the Wyoming Circuit, the plaintiffs proved a conveyance of the premises in question by the defendant to one Andrews (who subsequently granted to them) by deed, dated October 23, 1854, containing the usual covenant of warranty for quiet possession.
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Appeal from the Supreme Court. Action to obtain possession of land. On the trial before Mr. Justice Gbeene, a jury being waived, at the Wyoming Circuit, the plaintiffs proved a conveyance of the premises in question by the defendant to one Andrews (who subsequently granted to them) by deed, dated October 23, 1854, containing the usual covenant of warranty for quiet possession. The deed from Andrews to the plaintiffs was dated November 21, 1854, and reserved the possession to Andrews until April, 1855. This action was commenced April 4, 1855. The defendant proved and read in evidence sealed…
1Opinion of the CourtComstock, J.
In the articles of agreement dated October 19, 1854, the defendant covenanted to convey certain real estate, including the premises in question, to Andrews, for the price of $2,200, of which $1,000 was to be paid down, and the residue was to be secured by bond and mortgage on the same real estate. These provisions alone would require the deed to be given, and the payments to be made and secured immediately, or without any unreasonable delay. The same agreement, however, provided for the sale of a store of goods at cost prices, to be paid for in six notes running from one to six months. The…
2Cases cited3 opinions
- Witbeck v. . WaineNew York Court of Appeals · 1858
- Howes v. BarkerNew York Supreme Court · 1808
- Bogart v. BurkhalterCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by46 opinions
- Black v. Evergreen Land Developers, Inc.Washington Supreme Court · 1969
- Pea v. PeaIndiana Supreme Court · 1871
- Snyder v. RobertsWashington Supreme Court · 1955
- Continental Life Ins. Co. v. SmithNew Mexico Supreme Court · 1936
- Dunseath v. HallauerWashington Supreme Court · 1953
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