Smith v. Kelley
New York Supreme Court
Appeal from an order, made at the Erie Special Term, appointing a receiver. The action was brought for a foreclosure of a contract for the sale and purchase of land against the original vendees Canfield and Pemberton, and against Thomas Kelley, who purchased from them their interest in one-half of the premises and made certain improvements thereon.
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Appeal from an order, made at the Erie Special Term, appointing a receiver. The action was brought for a foreclosure of a contract for the sale and purchase of land against the original vendees Canfield and Pemberton, and against Thomas Kelley, who purchased from them their interest in one-half of the premises and made certain improvements thereon. Kelley was the only defendant who answered, setting up the facts of his purchase from the original vendees and his improvements, and asking that his part of the property should not be resorted to except, in the case, that the proceeds of the sale…
1Opinion of the Court
Hardin, J.:
Erom the papers used at the Special Term it appears that the legal title to the premises in question was at the time of making *388the contract of sale, and has ever since remained, in the plaintiffs. Seven hundred and fifty dollars and interest became due on the contract on the 24th of September, 1882, and has not been paid. At the time of the commencement of this action the plaintiffs were entitled to the possession of the premises by reason of that default, and to maintain ejectment therefor, and the defendants were not entitled to notice to quit. (Hotaling v. Hotaling, 47 Barb.,…
2Cases cited8 opinions
- Howell v. RipleyNew York Court of Chancery · 1843
- Syracuse City Bank v. TallmanNew York Supreme Court · 1857
- Jackson ex dem. Church v. MillerNew York Supreme Court · 1827
- Pierce v. TuttleNew York Supreme Court · 1868
- Astor v. TurnerNew York Supreme Court · 1848
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