Jackson ex dem. Shipley v. Moncrief
New York Supreme Court
This was an action of ejectment, tried at the New-York circuit in March, 1829, before the Hon. Ogden Edwards, one of the circuit judges. The lessors of the plaintiff were the owners of a leasehold estate consisting of six houses and lots in Washington-street in the city of New-York, originally demised by A. L. Stewart, which had come to them by sundry mesne conveyances from the lessees.
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This was an action of ejectment, tried at the New-York circuit in March, 1829, before the Hon. Ogden Edwards, one of the circuit judges. The lessors of the plaintiff were the owners of a leasehold estate consisting of six houses and lots in Washington-street in the city of New-York, originally demised by A. L. Stewart, which had come to them by sundry mesne conveyances from the lessees. On 5th March, 1825, an agreement in writing, not under seal, was entered into between W. Shot-well, (agent of the lessors of the plaintiff,) and P. Freeman, commencing thus: “ Be it remembered and understood…
1Opinion of the Court
By the Court,
Savage, Ch. J.
In my opinion the contract was an agreement to convey only, and not a conveyance. It contains words of present purchase and sale, but those words must be construed in reference to the whole instrument, and by the concluding paragraph it is clear that regular conveyances by both parties were contemplated as the consummation of a contract which, until such conveyances should be executed, was inchoate. The possession was changed, but no title passed out of either the contracting parties. The judge was certainly right, therefore, in deciding that the legal title…
2Cited by31 opinions
- Graves v. . WhiteNew York Court of Appeals · 1882
- Hicks v. LovellCalifornia Supreme Court · 1883
- Williams v. PaineSupreme Court of the United States · 1898
- Grant v. WhiteSupreme Court of Missouri · 1868
- Browning v. EstesTexas Supreme Court · 1848
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