Brown v. Allen
New York Supreme Court
Appeal from circuit court, Lewis county. Action by Clara J. Brown against Sally Allen and others on a bond dated May 24, 1870, executed by Emory Allen and Newton Northam to Marietta L. Brown, conditioned for the payment of the sum of $2,500, which was part of the purchase price of certain real estate that day conveyed to the obligors by the obligee by warranty deed.
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Appeal from circuit court, Lewis county. Action by Clara J. Brown against Sally Allen and others on a bond dated May 24, 1870, executed by Emory Allen and Newton Northam to Marietta L. Brown, conditioned for the payment of the sum of $2,500, which was part of the purchase price of certain real estate that day conveyed to the obligors by the obligee by warranty deed. The defense is that the title to the real éstate afterwards failed, by reason of the sale of the premises for taxes assessed prior to the conveyance, so that there was a failure of consideration. From a judgment entered on the…
1Opinion of the CourtMerwin, J.
When this case was last before ns, we considered the question whether the trial court was justified in finding that the consideration for the bond in suit had totally failed, and therefore the plaintiff was not entitled to recover. It appeared that the grantees in the deed, while in possession of the property, removed from the land a large portion of the standing timber, which constituted the chief value at the time of the sale. Upon this situation, it was then said: “We are of the opinion that the eviction in this case was but partial. The most valuable part of the real estate purchased had…
2Cases cited4 opinions
- Dunning v. . LeavittNew York Court of Appeals · 1881
- Lamerson v. MarvinNew York Supreme Court · 1850
- Tallmadge v. WallisNew York Supreme Court · 1840
- Lighthouse Shores v. Town of IslipNew York Court of Appeals · 1976