Seaman v. Van Rensselaer
New York Supreme Court
In EauiTY. The bill in this cause was filed to obtain a specific performance of a contract for the sale and purchase of land lying in the town of Canton, county of St. Lawrence On the 17th day of January, 1887, the defendant and George Seaman entered into a contract, under seal, hy which the defendant agreed to convey by a warranty deed, lot No. 6, of a certain tract in Canton, on Seaman paying to him $497, as follows : $97 down, $100 by the first day of November, 1837, and…
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In EauiTY. The bill in this cause was filed to obtain a specific performance of a contract for the sale and purchase of land lying in the town of Canton, county of St. Lawrence On the 17th day of January, 1887, the defendant and George Seaman entered into a contract, under seal, hy which the defendant agreed to convey by a warranty deed, lot No. 6, of a certain tract in Canton, on Seaman paying to him $497, as follows : $97 down, $100 by the first day of November, 1837, and the balance in four equal annual installments, with interest; the last payment becoming due November 1st, 1841; the…
1Opinion of the CourtHand, J.
The principal ground of defense relied upon by the defendant is, that the complainant, having no greater rights than the original vendee, can not compel the defendant to convey, while George Seaman, together with another, owes the defendant the purchase money for another lot of land; the vendees of that parcel being insolvent, and the land insufficient security for what is now due.
There is no doubt but Thomas Seaman, the complainant, took this contract for lot Ho. 6, subject to all the equities between George and the defendant. Certainly, as to this contract, and between these parties, he has…
2Cases cited5 opinions
- Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
- Clark v. HallNew York Court of Chancery · 1839
- Gay v. GayNew York Court of Chancery · 1843
- Sutphen v. FowlerNew York Court of Chancery · 1841
- Canajoharie & Palatine Church v. LeiberNew York Court of Chancery · 1830
3Cited by3 opinions
- Epstein v. . GluckinNew York Court of Appeals · 1922
- Epstein v. KroopfAppellate Division of the Supreme Court of the State of New York · 1926
- Schuyler v. Kirk Brown Realty Co.New York Supreme Court · 1919