Ludlow v. Vah Ness
The Superior Court of New York City
Appeal by the plaintiff from a judgment against him, entered July 14th, 1860, on the report of Philo T. Buggies, Esq., as referee.
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Appeal by the plaintiff from a judgment against him, entered July 14th, 1860, on the report of Philo T. Buggies, Esq., as referee. The action is brought by Edward H. Ludlow, plaintiff, against William W. Van Ness, Anthony J. Bleecker, James Bleecker, Robert H. Sherwood and William S. Mayo, as defendants, to obtain a judgment rescinding a contract made by the plaintiff November 22, 1859, to purchase the real estate in question, (the purchase being made at an auction sale conducted by the defendants other than Van Ness, who were auctioneers, and composed the firm of A. J. Bleecker, Son & Co.,)…
1Opinion of the CourtRobertson, J.
The objections to the title arose wholly from the instrument of March, 1857, executed by Mr. Lord, coupled with the alienage of Mr. Watt, and they all hinge upon the right acquired by the latter under it.
The extent of the right acquired by Watt in or over the premises in question by such instrument may be narrowed by ascertaining what it does not confer. It does not profess to give, by itself, any right to the possession of the land, or any interest therein, to any one, without the execution of some other instrument by the covenantor; indeed there are no words of present grant in it. Not only…
2Cases cited3 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Jackson ex dem. Ten Eyck v. RichardsNew York Supreme Court · 1827
- Anstice v. BrownNew York Court of Chancery · 1837
3Cited by3 opinions
- Vorebeck v. RoeNew York Supreme Court · 1867
- Marie v. GarrisonThe Superior Court of New York City · 1883
- Falvey v. BridgesNew York Supreme Court · 1891