Bruce v. Tilson
New York Court of Appeals
Action to compel the conveyance of the exclusive privilege of using, burning and carrying away stone from quarries on the defendant’s farm in pursuance of, a contract made January 9,1838, by which the defendant agreed to sell to one Lawrence “ the exclusive privilege of using, burning and carrying away stone from all the quarries situated on the farm of the said Tilson with three acres of land lying on the canal and extending back to said quarries, for the sum of one…
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Action to compel the conveyance of the exclusive privilege of using, burning and carrying away stone from quarries on the defendant’s farm in pursuance of, a contract made January 9,1838, by which the defendant agreed to sell to one Lawrence “ the exclusive privilege of using, burning and carrying away stone from all the quarries situated on the farm of the said Tilson with three acres of land lying on the canal and extending back to said quarries, for the sum of one thousand dollars, to be secured by bond and mortgage on said premises payable in two years from date with interest payable…
1Opinion of the CourtAllen, J.
Prior to the enactment of the Code of Procedure, the subject matter of this action was cognizable only by a court of equity, courts of common law having no jurisdic*196tion to entertain a suit for the specific' performance of a contract. The cause of action was therefore within the ten years’ limitation prescribed. (2 R. S., p. 301, § 52.) The language of that section is: “Bills for relief, in case of the existence of a trust not cognizable by the courts of common law, and in all other cases not herein provided for, shall be filed within ten years after the cause thereof shall accrue, and not…
2Cases cited12 opinions
- Vroom v. DitmasNew York Court of Chancery · 1834
- Seymour v. DelancyNew York Supreme Court · 1824
- Wells v. SmithNew York Court of Chancery · 1837
- Wenman v. Mohawk InsuranceNew York Supreme Court · 1835
- Fuller v. HubbardNew York Supreme Court · 1826
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