Tibbs v. Morris
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought to redeem real estate. The following facts were found by the referee, viz: That in March, 1853, the plaintiff was the owner in fee of the piece of land described in the complaint, containing fifty-two forty-hundredths acres, subject to a mortgage thereon, executed by said plaintiff to Martin Grover, which said mortgage was being foreclosed by advertisement, and was to be sold by virtue of a…
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APPEAL from a judgment entered upon the report of a referee. The action was brought to redeem real estate. The following facts were found by the referee, viz: That in March, 1853, the plaintiff was the owner in fee of the piece of land described in the complaint, containing fifty-two forty-hundredths acres, subject to a mortgage thereon, executed by said plaintiff to Martin Grover, which said mortgage was being foreclosed by advertisement, and was to be sold by virtue of a power of sale in said mortgage, on the 16th day of March, 1853 ; that a few days previous to said day of sale, the…
1Opinion of the Court
By the Court, Grover,
J. It is clear that the judgment in favor of the plaintiff can not be sustained upon the ground that he is entitled to a specific performance of the written contract for the sale of the land by the defendant to him. The plaintiff clearly has no equity entitling him to such performance. The ouster of the plaintiff from possession by the. ejectment suit brought by the defendant, in 1854, was *144notice to the plaintiff that the defendant would no longer acquiesce in delay of payment hy the plaintiff; and upon receiving such notice it was the duty of the plaintiff to act…
2Cited by6 opinions
- Brown v. CliffordNew York Supreme Court · 1872
- Hubbell v. SibleyNew York Supreme Court · 1871
- Richmond v. FooteNew York Supreme Court · 1870
- Van Pelt v. OtterThe Superior Court of New York City · 1870
- Giles v. AustinThe Superior Court of New York City · 1873
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