Miller v. Lewis
New York Court of Appeals
This was an appeal from the decree of the supreme court in the seventh district, dismissing the bill of the complainant without costs. The case presented by the pleadings and proofs, so far as material to the questions decided, was as follows : Prior to September, 1845, the complainant was the owner in fee of certain real estate in the town of Henrietta and city of Rochester, the last known as the “ American Hotel” property.
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This was an appeal from the decree of the supreme court in the seventh district, dismissing the bill of the complainant without costs. The case presented by the pleadings and proofs, so far as material to the questions decided, was as follows : Prior to September, 1845, the complainant was the owner in fee of certain real estate in the town of Henrietta and city of Rochester, the last known as the “ American Hotel” property. His interest was one undivided half, in the Rochester property, the other moiety being owned by the defendant Perrin, A. Hub-bell and John Burns as tenants in common. On…
1Opinion of the CourtGardiner, J.
The agreement executed by Hubbell on the 25th of September, authorized Miller- to extinguish the lien upon the premises, for the purchase money, by the payment of the amount bid, at the end of three years, with annual interest, at the rate of seven per cent; and the judgment debtor was concluded by his acceptance of the covenants, from claiming or exercising the right of payment or redemption, before that period. The language of the instrument is, that “ in case said Miller should at the expiration of the term last aforesaid, pay to Hubbell or his representative the amount of the bid,” &c. In…
2Cases cited2 opinions
- People ex rel. Post v. FlemingNew York Supreme Court · 1847
- Stoddard v. ButlerNew York Supreme Court · 1838
3Cited by2 opinions
- Tucker v. WernerSuperior Court of Buffalo · 1892
- De Vinne v. RianhardNew York Court of Common Pleas · 1880