Bogart v. Perry
New York Court of Chancery
\ JOHN ATKINSON, being seized in fee of lot No. 98, in Junius, qn the 4th of June, 1804, by a written contract, agreed to sell to Lewis Birdsall, parts of the lot, or 296 acres, at 4 dollars per acre; 400 dollars of the purchase money to be paid down, and the residue in three annual payments ; and a deed to be executed and delivered, on payment of the second instalment, with a mortgage for the residue of the purchase money.
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\ JOHN ATKINSON, being seized in fee of lot No. 98, in Junius, qn the 4th of June, 1804, by a written contract, agreed to sell to Lewis Birdsall, parts of the lot, or 296 acres, at 4 dollars per acre; 400 dollars of the purchase money to be paid down, and the residue in three annual payments ; and a deed to be executed and delivered, on payment of the second instalment, with a mortgage for the residue of the purchase money. Birdsall paid down the 400 dollars, and, on the 20th of September, 1804, paid Atkinson the further sum of 172 dollars. Birdsall went into immediate possession of the land,…
1Opinion of the Court
The Chancellor.
If a question of notice was material in this case, I should have no hesitation in deciding that Perry, when he took an assignment of Smith’s interest, was chargeable, not only with constructive notice of Hanson’s judgment, by means of the docket of the judgment, but with notice in fact. It does not appear to me, however, that Perry is to be affected by the notice, because Smith had no interest in the land on which the judgment could attach, or the execution operate. When Perry purchased, neither Birdsallj nor his assignee, had performed the contract with Atkinson. There had…
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