Barlow v. . Scott
New York Court of Appeals
Appeal from the Supreme Court. The complaint set forth a contract for the conveyance by the defendant to the plaintiff $f forty acres of land by a good warrantee deed. It averred that the defendant had tendered a deed which contained only a covenant of warranty against his own acts, which the plaintiff refused to receive: that the defendant had no title to the land, but that it was in the possession of a third person who held it adversely under a valid title.
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Appeal from the Supreme Court. The complaint set forth a contract for the conveyance by the defendant to the plaintiff $f forty acres of land by a good warrantee deed. It averred that the defendant had tendered a deed which contained only a covenant of warranty against his own acts, which the plaintiff refused to receive: that the defendant had no title to the land, but that it was in the possession of a third person who held it adversely under a valid title. It prayed for a specific performance of the contract, or for damages. The defendant denied the contract to convey with general covenant…
1Opinion of the CourtLott, J.
As the judgment of reversal and granting a new trial does not show that it was reversed on questions of fact, the case is open to review in this court on questions of law only (§ 268 of the Code, as amended in 1860). We must, therefore, assume the facts to be as stated in the decision of the judge; and the principal question to be considered is whether he decided correctly, as a conclusion of law, that the defendant is deemed to have promised the plaintiff that he would execute and deliver to him a good warranty deed of the forty acres of land situated at Binghamton, referred to in…
2Cases cited3 opinions
- Greason v. . KeteltasNew York Court of Appeals · 1858
- Phillips v. . GorhamNew York Court of Appeals · 1858
- Wiswall v. HallNew York Court of Chancery · 1831
3Cited by61 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- White v. . HoytNew York Court of Appeals · 1878
- Milkman v. OrdwayMassachusetts Supreme Judicial Court · 1870
- Bradley v. . AldrichNew York Court of Appeals · 1869
- Welles v. . YatesNew York Court of Appeals · 1871
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