Gates v. Smith
New York Court of Chancery
The present suit was for partition of real estate, embracing premises at the north-easterly corner of Beaver street and New street in the city of New York. On the tenth day of April in the year one thousand eight hundred and forty-five, a decree for sale was entered; and, on the thirtieth day of May thereafter, the above premises were sold thereunder by master Cambreleng to one of the complainants, Ann Nisbet, for eight thousand five hundred dollars.
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The present suit was for partition of real estate, embracing premises at the north-easterly corner of Beaver street and New street in the city of New York. On the tenth day of April in the year one thousand eight hundred and forty-five, a decree for sale was entered; and, on the thirtieth day of May thereafter, the above premises were sold thereunder by master Cambreleng to one of the complainants, Ann Nisbet, for eight thousand five hundred dollars. The master made his report of sale ; and on the tenth day of "July thereafter an order of confirmation was entered. Before any deed for the said…
1Opinion of the Court
The Vice-Chancellor :
From the time when the master’s report of sale became confirmed, and which was on the tenth day of July one thousand eight hundred and forty-five, Mrs. Nesbit became the owner of the house and lot, although no deed was executed conveying the property to her.
The legal title could not vest in her without a deed of conveyance. In strictness of law, it was not a sale, but only a contract of sale until consummated by a conveyance of the legal title and estate : Edwards v. Farmers' Loan Co., 21 Wend. 468 ; S. C. 26 Ib. 541.
In equity, however, it is regarded differently as to…
2Cited by5 opinions
- Polisiuk v. MayersAppellate Division of the Supreme Court of the State of New York · 1923
- Clinton v. Hope InsuranceNew York Supreme Court · 1868
- Pellegrino v. GiulianiNew York Supreme Court · 1922
- Combs v. Shrewsbury Mutual Fire InsuranceNew Jersey Court of Chancery · 1881
- Cammarata v. MerkewitzNew York Supreme Court · 1923