Nichols v. Park
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Georgiana Nichols against William G. Park. Judgment overruling demurrer to complaint (77 N. Y. Supp. 220), and defendant appeals. Reversed. The complaint avers that on October 20, 1867, the plaintiff was married to William B. Nichols, who died January 10, 1902; that on February 7, 1872, the said Wm.
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Appeal from special term, New York county. Action by Georgiana Nichols against William G. Park. Judgment overruling demurrer to complaint (77 N. Y. Supp. 220), and defendant appeals. Reversed. The complaint avers that on October 20, 1867, the plaintiff was married to William B. Nichols, who died January 10, 1902; that on February 7, 1872, the said Wm. B. Nichols contracted in writing with one James E. Coburn to purchase from said Coburn the premises known as No. 16 East Seventy-Fourth street; that upon information and belief “the consideration money for the purchase of said property was paid…
1Opinion of the CourtO’Brien, J.
In many of its features this case is like Phelps v. Phelps, 143 N. Y. 197, 38 N. E. 280, 25 L. R. A. 625, and the principles thereof, so far as applicable, are controlling. The learned judge at special term distinguished that case on the ground that it could be fairly inferred or implied from the allegations of the complaint herein “that upon payment of the agreed price the vendee might compel a specific performance by the vendor, and this was clearly such a seisin in law as would entitle him to its possession.” As authority for this proposition that from such facts seisin in law would arise,…
2Cases cited9 opinions
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Matter of Estate of EnsignNew York Court of Appeals · 1886
- Jackson ex dem. Bonnell v. SharpNew York Supreme Court · 1812
- Phelps v. . PhelpsNew York Court of Appeals · 1894
- Smith ex dem. Teller v. BurtisNew York Supreme Court · 1810
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3Cited by1 opinion
- Spaulding v. SpauldingOhio Court of Appeals · 1919