Merritt v. Lambert
New York Court of Chancery
This was an appeal, by the defendant, from an order of the vice chancellor of the first circuit, directing the appointment of a receiver of the premises in controversy in this suit.
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This was an appeal, by the defendant, from an order of the vice chancellor of the first circuit, directing the appointment of a receiver of the premises in controversy in this suit. The bill was filed to compel the specific performance of a contract for the conveyance to the complainants of the unexpired term in several leasehold lots in the city of New-York, in exchange for certain freehold property in the city of Buffalo; and the principal question in dispute between the parties was whether the complainants could malte a good title to the defendants of the Buffalo property.. The facts upon…
1Opinion of the Court
The Chancellor.
If the complainants have a perfect title to the Buffalo lots, so that they can give a title to the defendant discharged of any legal or equitable claim thereon in favor of Edwards, then there is no doubt that the order appealed from is right and ought to be affirmed. The situation of the property in New-York is such that a receiver is necessary, to collect the rents and profits, pay up the ground rents, and keep down the interest of the large mortgage thereon, and thereby to save the property from being lost pending this litigation. I shall therefore proceed to examine the only…
2Cases cited1 opinion
- Jackson ex dem. Bowers v. CraftsNew York Supreme Court · 1820
3Cited by19 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Parker v. . BeasleySupreme Court of North Carolina · 1895
- Post v. ArnotNew York Supreme Court · 1845
- Crain v. McGoonIllinois Supreme Court · 1877
- Farmers' Fire Insurance & Loan Co. v. EdwardsNew York Supreme Court · 1841
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