Kilpatrick v. Barron
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made "November 7, 1889, which reversed a judgment in favor of' defendant entered upog a decision of the court on trial at Special Term. This action was brought to recover back moneys paid by plaintiff to defendant as part of the purchase-price of a house and lot contracted to be sold by the latter to the former. Plaintiff claimed there was a defect in the title offered by defendant.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made "November 7, 1889, which reversed a judgment in favor of' defendant entered upog a decision of the court on trial at Special Term. This action was brought to recover back moneys paid by plaintiff to defendant as part of the purchase-price of a house and lot contracted to be sold by the latter to the former. Plaintiff claimed there was a defect in the title offered by defendant. The premises in question formed part of the residuary estate of Thomas H. Geraty, deceased, and the questions discussed…
1Opinion of the Court
The following is the opinion -in full:
“ The question whether a good title to the house and lot was tendered to the plaintiff, turns upon the true construction of the will of Thomas H. Geraty. If the six daughters of the testator took upon his death an absolute vested estate or interest in the house and lot or its proceeds, subject only to the right of the unmarried daughters until marriage to occupy the premises, but terminable on the death of the daughters Agnes K. and Ada H. Geraty, if that event should first occur, the title tendered would not, we think, be subject to reasonable doubt on…
2Cases cited2 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Garvey v. . McDevittNew York Court of Appeals · 1878
3Cited by20 opinions
- Kent v. . Church of St. MichaelNew York Court of Appeals · 1892
- Howe v. CoatesSupreme Court of Minnesota · 1906
- Wright v. MayerAppellate Division of the Supreme Court of the State of New York · 1900
- Berkowitz v. BrownNew York Court of Common Pleas · 1893
- Kerrigan v. BackusAppellate Division of the Supreme Court of the State of New York · 1902
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