Champion v. Brown
New York Court of Chancery
THE bill was filed, December 10, 1821, by Henry Champion, and William L. Storrs, and the administrators and heirs of John Paddock, deceased, against the defendants, John B. and Jacob B., for the specific performance of a contract, made the 29th of August, 1816, by which Henry C. and Lemuel Storrs, agreed to sell and convey to J. P. 952 acres of land, he., for the sum of 8000 dollars; 500 dollars to be paid in cash, and the residue in six equal annual instalments, with…
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THE bill was filed, December 10, 1821, by Henry Champion, and William L. Storrs, and the administrators and heirs of John Paddock, deceased, against the defendants, John B. and Jacob B., for the specific performance of a contract, made the 29th of August, 1816, by which Henry C. and Lemuel Storrs, agreed to sell and convey to J. P. 952 acres of land, he., for the sum of 8000 dollars; 500 dollars to be paid in cash, and the residue in six equal annual instalments, with interest annually. J. P. died intestate JYovember 16, 1816, and his administrators and heirs, being unable to perform the…
1Opinion of the Court
The Chancellor.
(1.) The first and leading question is, whether the bill can be sustained by Champion and Storrs, as vendors, against the defendants, claiming by purchase under the vendee.
The title in law never passed out of the vendors, though in equity, by virtue of the agreement to sell, the estate was in the vendee, and was in him transmissible by descent, and devisable by will.
*401The covenant, on the part of the defendants, was in the alternative; it was, that they would take and cancel the contract that Paddock had made with the vendors, by the first day of August thereafter, or, in case of…
2Cited by64 opinions
- Skendzel v. MarshallIndiana Supreme Court · 1973
- Hathaway v. . PayneNew York Court of Appeals · 1865
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Sanders v. Frankfort Marine, Accident & Plate Glass InsuranceSupreme Court of New Hampshire · 1904
- Bowen v. LansingMichigan Supreme Court · 1901
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