Crary v. . Smith
New York Court of Appeals
Eliza Crary filed her bill in the late Court of Chancery before the vice chancellor of the fifth circuit, against Silas Smith, to enforce the specific performance of a contract for the sale and purchase of a parcel of land situate in Westmoreland, Oneida* county.
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Eliza Crary filed her bill in the late Court of Chancery before the vice chancellor of the fifth circuit, against Silas Smith, to enforce the specific performance of a contract for the sale and purchase of a parcel of land situate in Westmoreland, Oneida* county. The case made by the bill was this: The complainant, in June, 1836, with the approbation of her children, entered into a written contract, under seal, with the defendant, whereby she agreed to convey to the defendant by deed, to be executed by herself and her children, the premises in question, anti the defendant agreed to pay to the…
1Opinion of the CourtGray, J.
It is insisted on the part of Smith, the appellant, that this bill is filed to enforce the payment of a sum of money merely, that the remedy of the respondent is at law and not in equity, that the court of chancery has no jurisdiction over the subject matter, and that the bill should therefore have been dismissed with costs.
From a perusal of the bill, it is manifest however, that the object and nature of the bill is not for the recovery of money eo nomine, but for a discovery and specific performance of a contract in writing, under seal, entered into between the parties for the sale and'…
2Cases cited1 opinion
- Brown v. Haff & LyonNew York Court of Chancery · 1835
3Cited by31 opinions
- Bateman v. . HopkinsSupreme Court of North Carolina · 1911
- Baumann v. . PinckneyNew York Court of Appeals · 1890
- Deichmann v. DeichmannSupreme Court of Missouri · 1871
- Christiansen v. AldrichMontana Supreme Court · 1904
- Brown v. EatonSupreme Court of Minnesota · 1875
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