Kip v. . Hirsh
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made November 13, 1885, which reversed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought to compel the specific performance of a contract for the purchase by defendant of certain lots in the city of New York. The material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made November 13, 1885, which reversed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought to compel the specific performance of a contract for the purchase by defendant of certain lots in the city of New York. The material facts are stated in the opinion. Defendant is entitled to a marketable title, but the objection thereto must be substantial, not fanciful. (Fleming v. Burnham, 100 N. Y. 1-10; Dun-ham, v. Minard, 4 Paige’s Ch.…
1Opinion of the CourtRapallo, J.
In June, 1835, Leonard W. Kip, the plaintiffs’ testator, was the owner of the lots of*land in controversy and in that month he conveyed them to Daniel E. Delavan, taking from him a mortgage on the same lots to secure $1,500, part of the purchase-money. The deed and the mortgage were recorded on the 29th of June, 1835.
On. the 16th of May, 1840, Delavan made a general assignment to Walter J. Smith, conveying the lots in question, together with a very large amount of other real estate and personal property, in trust, to sell the real estate with all convenient speed, and apply the proceeds of…
2Cited by15 opinions
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- Sloane v. MartinNew York Supreme Court · 1893
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