Wood v. Taylor
The Superior Court of the City of New York and Buffalo
Action by William S. Wood against Walter W. Taylor for the specific performance of a contract for the purchase by defendant from plaintiff of certain real estate. Defendant pleaded defective title, and plaintiff demurred to the answer. Demurrer sustained. The action is for the specific performance of a contract for the purchase of real estate by the defendant from plaintiff, and the question involved is whether the plaintiff had a good and marketable title.
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Action by William S. Wood against Walter W. Taylor for the specific performance of a contract for the purchase by defendant from plaintiff of certain real estate. Defendant pleaded defective title, and plaintiff demurred to the answer. Demurrer sustained. The action is for the specific performance of a contract for the purchase of real estate by the defendant from plaintiff, and the question involved is whether the plaintiff had a good and marketable title. The facts as to the title are set up in the answer demurred to, and are briefly as follows: The plaintiff derived whatever title he had…
1Opinion of the CourtMcADAM, J.
James Wood, in 1872, conveyed the premises in question to his son, William G. Wood, and to his heirs and assigns, forever, by a warranty deed in the usual form, purporting in the premises or granting clause to convey the entire fee, but with an habendum clause reading as follows;
“To have and to hold the above granted, bargained, and described premises with the appurtenances, unto the said party of the second part, for and during the term of his natural life only, and at his decease then to go to Ms own lawful heirs, to and for their own proper use, benefit, and behoof, forever; but, in case…
2Cases cited11 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- Scott v. . GuernseyNew York Court of Appeals · 1871
- Henderson v. . HendersonNew York Court of Appeals · 1889
- Jenkins v. . FaheyNew York Court of Appeals · 1878
- Mott v. . RichtmyerNew York Court of Appeals · 1874
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3Cited by1 opinion
- Wood v. TaylorThe Superior Court of the City of New York and Buffalo · 1895