Leonard v. Pitney
New York Supreme Court
Demurrer, to replication. The declaration is in case for a deceit in the sale of land. The plaintiff alleges that in consequence of the false representation of the defendant that he was the owner of a certain tract of land, he, the plaintiff, was induced to purchase, and did purchase the same of the defendant, and accepted a quit-claim deed without covenant of warranty, bearing date 20lh March, 1813; that he paid the sum of $2500 as the price of the land, expended much labor…
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Demurrer, to replication. The declaration is in case for a deceit in the sale of land. The plaintiff alleges that in consequence of the false representation of the defendant that he was the owner of a certain tract of land, he, the plaintiff, was induced to purchase, and did purchase the same of the defendant, and accepted a quit-claim deed without covenant of warranty, bearing date 20lh March, 1813; that he paid the sum of $2500 as the price of the land, expended much labor and money in the improvement of the same, and in the defence of an action of ejectment brought for the recovery of the…
1Opinion of the Court
By the Court,
Marcy, J.
Doubts may well be entertained whether an action at law will lie for a deceitful and false representation of title in the vendor of real estate. Such an *32action has not as yet, I believe, been sustained, except it may j-,e jn some 0f the states where the same tribunal is possess-ed °f equity jurisdiction as well as the powers of a court of common law. There is, however, no occasion now to ex- . . ’ amine that question; for I am of opinion that the replications are not a good answer to the pleas of the statute of limitations. By that statute, it is enacted that all actions…
2Cited by33 opinions
- Leffingwell v. WarrenSupreme Court of the United States · 1862
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Mobley v. Murray CountySupreme Court of Georgia · 1934
- Crawford v. GauldenSupreme Court of Georgia · 1862
- Phalen v. ClarkSupreme Court of Connecticut · 1849
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