Nichols v. Park
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William G. Park, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of June, 1902, upon the decision of the court rendered after a trial at the New York Special Term overruling the defendant’s demurrer to the complaint.
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Appeal by the defendant, William G. Park, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of June, 1902, upon the decision of the court rendered after a trial at the New York Special Term overruling the defendant’s demurrer to the complaint. The complaint avers that on October 20, 1857, the plaintiff was married to William B. Nichols, who died January 10,1902; that on February 7, 1872, “ the said William B. Nichols contracted in writing with one James E. Coburn to purchase from said…
1Opinion of the Court
O’Brien, J.:
In many of its features this case is like Phelps v. Phelps (143 N. Y. 197), and the principles thereof, so far as applicable, are controlling. The learned judge at Special Term distinguished that case on the ground that it could be fairly inferred or implied from the allegations of the complaint herein “ that upon payment of the agreed price the vendee might compel a specific performance by the vendor, and this was clearly such a seizin in law as would entitle him to its possession.” As authority for this proposition that from such facts seizin in law would arise, reference is…
2Cases cited8 opinions
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Matter of Estate of EnsignNew York Court of Appeals · 1886
- Phelps v. . PhelpsNew York Court of Appeals · 1894
- Smith ex dem. Teller v. BurtisNew York Supreme Court · 1810
- Sanders v. RiedingerAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by9 opinions
- Melenky v. . MelenNew York Court of Appeals · 1922
- Lugar v. LugarAppellate Division of the Supreme Court of the State of New York · 1914
- Gabler v. GablerNew York Supreme Court · 1922
- In re the Estate of KelleherNew York Surrogate's Court · 1929
- Byrnes v. OwenNew York Court of Appeals · 1926
4 more not listed; retrieve them via the Exa API.