First Presbyterian Church v. Bailey
Court of Chancery of Delaware
Bill for Specific Performance. The bill in this case is one to enforce specific performance of a written contract for the sale by the complainant to the defendant of ¿ tract of land situate in the City of Wilmington, with a front of ninety feet on Market street and King street and about two hundred and ten feet on the south side of Tenth street, together with an easement of light and air over a strip of land on the south fifteen feet wide, the consideration being two hundred…
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Bill for Specific Performance. The bill in this case is one to enforce specific performance of a written contract for the sale by the complainant to the defendant of ¿ tract of land situate in the City of Wilmington, with a front of ninety feet on Market street and King street and about two hundred and ten feet on the south side of Tenth street, together with an easement of light and air over a strip of land on the south fifteen feet wide, the consideration being two hundred and twenty-five thousand dollars, five hundred dollars of which was paid at the time the contract of sale was made. By…
1Opinion of the Court
The Chancellor.
No other question was raised in this case, or discussed by counsel, than that relating to the original conveyance from Timothy Stidham, it being assumed that the legal title was vested in the complainant, and the only question for decision being as to the power and authority of the complainant to convey a title clear of limitations and restrictions, or trusts.
The first consideration is whether by the Stidham deed a condition subsequent was created, which would be breached by the sale and conveyance by the church to the proposed purchaser, with the consequence that the heirs at…
2Cases cited9 opinions
- Farnham v. ThompsonSupreme Court of Minnesota · 1885
- Downen v. RayburnIllinois Supreme Court · 1905
- Kilpatrick v. Mayor of BaltimoreCourt of Appeals of Maryland · 1895
- Adams v. First Baptist Church of St. CharlesMichigan Supreme Court · 1907
- Hawley v. KafitzCalifornia Supreme Court · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Delaware Land & Development Co. v. First & Central Presbyterian ChurchSupreme Court of Delaware · 1929
- Chew v. First Presbyterian Church of Wilmington, Del., Inc.District Court, D. Delaware · 1916
- Whitmore ex rel. Fisher v. Church of the Holy CrossSupreme Judicial Court of Maine · 1922
- Lynch v. BuntingSupreme Court of Delaware · 1942
- State Ex Rel. Department of Transportation v. Penn Central Corp.Superior Court of Delaware · 1982
2 more not listed; retrieve them via the Exa API.