Hayes v. . Nourse
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas of the city of Hew York, entered upon an order made June 6,1887, which affirmed a judgment in favor of plaintiff, entered on the report of a referee. This action was brought to recover a payment made at the time of the execution of a contract for the sale of lands on the ground of defect in title.
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Appeal from judgment of the General Term of the Court of Common Pleas of the city of Hew York, entered upon an order made June 6,1887, which affirmed a judgment in favor of plaintiff, entered on the report of a referee. This action was brought to recover a payment made at the time of the execution of a contract for the sale of lands on the ground of defect in title. In 1819 Peter Kemble owned in fee and was in possession of two lots now known as Ho. 56 Marion street and Ho. 91. Crosby street, in the city of Hew York. February 1, 1823, he died, having devised these lots to his five children,…
1Opinion of the Court
Follett, Ch. J.
A pending action brought to establish title to, or a lien upon, land does not of itself, nor does a duly recorded notice of its pendency, make the title defective or create a lien on the land. (Mahaive Bit. v. Culver, 30 N. Y. 313; Wilsey v. Dennis, 44 Barb. 354; Osbaldeston v. Askew, 1 Russ. 160; Bull v. Hutchins, 32 Beav. 615; 1 Dart on Vendors [6th ed.] 564; 1 Sugden on Vendors [7th Am. ed.] 592, pp. 50, *520.) In Bull v. Huthins, Sir Johk Bomillt, the learned master of the rolls, discussing this question, said: “ It (the registered notice) was notice of the existence of a suit…
2Cases cited19 opinions
- Murray v. BallouNew York Court of Chancery · 1815
- Wood v. . ChapinNew York Court of Appeals · 1856
- Peters v. . DelaplaineNew York Court of Appeals · 1872
- Herrington v. McCollumIllinois Supreme Court · 1874
- Coit v. . Campbell, Etc.New York Court of Appeals · 1880
14 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Bridger v. Exchange BankSupreme Court of Georgia · 1906
- Groesbeck v. . MorganNew York Court of Appeals · 1912
- Simon v. . VanderveerNew York Court of Appeals · 1898
- Baumeister v. DemuthAppellate Division of the Supreme Court of the State of New York · 1903
- Norwegian Evangelical Free Church v. MilhauserNew York Court of Appeals · 1929
20 more not listed; retrieve them via the Exa API.