Schermerhorn v. Niblo
The Superior Court of New York City
This action is brought by John and Alfred Schermerhorn, and Maria Graven, by her next friend, against William Niblo, to compel a specific performance by him of his contract with them, of the date of the 19th of February, 1856, to purchase of them a house and lot in West 24th street, in the City of New York. It was defended on the ground, mainly, that he was not bound to accept such a title as the plaintiffs tendered, and were able to give.
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This action is brought by John and Alfred Schermerhorn, and Maria Graven, by her next friend, against William Niblo, to compel a specific performance by him of his contract with them, of the date of the 19th of February, 1856, to purchase of them a house and lot in West 24th street, in the City of New York. It was defended on the ground, mainly, that he was not bound to accept such a title as the plaintiffs tendered, and were able to give. It was tried in January, 1857, before Mr. Justice Duer, without a jury, who gave a judgment granting the relief prayed for, and from that judgment the…
1Opinion of the Court
The decree "of this Court, made at Special Term, should be reversed. Because—
I. The plaintiffs had not, at the time of the tender of the con*163veyanee to the defendant, and his refusal to accept the same and complete the purchase, nor had they at the time of the trial,, a marketable title to the premises in question.
1. The lands of the deceased could be sold for the payment of his debts, on the application of the administrator, at any time within three years after the granting of letters of administration, and any creditor of the deceased could compel a sale for the payment of debts. The debts…
2Cases cited2 opinions
- Winne v. ReynoldsNew York Court of Chancery · 1837
- Spring v. SandfordNew York Court of Chancery · 1839
3Cited by7 opinions
- Moser v. . CochraneNew York Court of Appeals · 1887
- Keitel v. ZimmermannNew York Supreme Court · 1897
- Moser v. CochraneNew York Court of Common Pleas · 1884
- Hutton v. WebberThe Superior Court of the City of New York and Buffalo · 1892
- Hutton v. WebberThe Superior Court of New York City · 1882
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