Downey v. . Seib
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department; entered March 20, 1905, in favor of defendant, upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The controversy arose over the title to land on Jefferson avenue in the borough of Brooklyn through the claim of the defendant that he was not obliged to perform his contract of purchase because the title was not marketable.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department; entered March 20, 1905, in favor of defendant, upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The controversy arose over the title to land on Jefferson avenue in the borough of Brooklyn through the claim of the defendant that he was not obliged to perform his contract of purchase because the title was not marketable. The history of the title as set forth by the parties in their agreed statement of facts is substantially as follows: On the 13 th of…
1Opinion of the CourtVann, J.
John Scott, Sr., probably could not write, for he signed the conveyance in question as a marksman, and perhaps he could not read. At all events, he did not understand that cumbersome and complicated instrument, which, with its parties of the first, second and third parts, its reversions, remainders and wealth of technical words, doubtless reflected the learning of the scrivener better than the instructions of the grantor. The unfortunate result is a title in the air and unmarketable perhaps for a generation. '
There would be little difficulty were it not for the action, unselfish and well…
2Cases cited4 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Monarque v. . MonarqueNew York Court of Appeals · 1880
- Kent v. . Church of St. MichaelNew York Court of Appeals · 1892
- Miller v. Texas & Pacific Railway Co.Supreme Court of the United States · 1890
3Cited by31 opinions
- Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
- Schmidt v. . JewettNew York Court of Appeals · 1909
- Tonnele v. . WetmoreNew York Court of Appeals · 1909
- McPherson v. First & Citizens National Bank of Elizabeth CitySupreme Court of North Carolina · 1954
- Central New York Coach Lines, Inc. v. Syracuse Herald Co.New York Court of Appeals · 1938
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