Legal Opinion

Mott v. . Mott

New York Court of Appeals

Decided January 23, 1877PublishedCited by 59 opinions

These are appeals on the part of Frederick H. Gossett and ¡Nathan ¡D. Higgins, purchasers, from orders of the General Term of the Supreme Court in the first judicial department affirming orders of Special Term requiring said purchasers to complete their purchases. The facts appear sufficiently in the opinion.

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These are appeals on the part of Frederick H. Gossett and ¡Nathan ¡D. Higgins, purchasers, from orders of the General Term of the Supreme Court in the first judicial department affirming orders of Special Term requiring said purchasers to complete their purchases. The facts appear sufficiently in the opinion. Plaintiffs’ testator never acquired title to lot No. 13. (Jackson v. Hathaway, 15 J. R., 447; Child v. Starr, 4 Hill, 369; Jones v. Cowman, 2 Sand., 234; Van Amringe v. Barratt, 8 Bosw., 357; Seaman v. Hicks, 8 Paige, 655; Fearing v. Irving, 55 N. Y., 486.) No part of the land in the…

1Opinion of the CourtAllen, J.

The appellants, Cossett and Higgins, were severally, and not jointly, the purchasers of several lots of ground in the city of Hew York, at a sale by auction under the decree of the court, of a portion of the real estate of which Valentine Mott, the testator of the respondents, died seized. Each refused to complete his purchase and accept the title offered, and applied to the court to be relieved from their contracts, and for a return of the moneys paid at the time of' the sale. The plaintiffs and respondents made cross applications to compel them to accept the title and pay the…

2Cases cited5 opinions

  1. Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
  2. Corning v. GouldNew York Supreme Court · 1837
  3. The Seneca Nation of Indians v. . KnightNew York Court of Appeals · 1861
  4. Pope v. . O'HaraNew York Court of Appeals · 1872
  5. Seaman v. HicksNew York Court of Chancery · 1841

3Cited by59 opinions

  1. Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
  2. Hennessy v. . MurdockNew York Court of Appeals · 1893
  3. Haberman v. . BakerNew York Court of Appeals · 1891
  4. Baker v. . OakwoodNew York Court of Appeals · 1890
  5. Neil v. Independent Realty Co.Supreme Court of Missouri · 1927

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