Legal Opinion

Eckerson v. Tanney

District Court, S.D. New York

Decided July 25, 1916PublishedCited by 11 opinions

In Equity. Bill by Sarah C. Eckerson and others against Thomas F. Tanney and others. On motion to confirm the report of a special master directing specific performance of a contract to sell land. Report confirmed, with modifications. The case comes on upon a motion to confirm the report of a special master in a suit for specific performance of a contract for the sale of land.

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In Equity. Bill by Sarah C. Eckerson and others against Thomas F. Tanney and others. On motion to confirm the report of a special master directing specific performance of a contract to sell land. Report confirmed, with modifications. The case comes on upon a motion to confirm the report of a special master in a suit for specific performance of a contract for the sale of land. An interlocutory decree on January 12, 1916, directed that on February 1st of that year the defendants should accept a deed provided the deed gave good title. The closing was to be before the special master, and he was…

1Opinion of the CourtLearned Hand, District Judge

(after stating the facts as above). The first question is of the title of the plaintiffs. The simplest way to consider this title is through the suit of foreclosure begun in June, 1913. There were three mortgages foreclosed in one complaint at that time, a mortgage of January 4, 1870, by James Eckerson and wife to John Butler, for $30,000, upon all the premises, except block E, not in controversy, a mortgage of December 26, 1871, by James Eckerson and wife to Sallie A. F. Servin, upon a part of the premises mortgaged to Butler, and a mortgage on June 24, 1874, by James Eckerson and wife to J.…

2Cases cited5 opinions

  1. In Re the Distribution of the Proceeds of the Sale of the Real Estate of StilwellNew York Court of Appeals · 1893
  2. Barnard v. . OnderdonkNew York Court of Appeals · 1885
  3. Mitchell v. . BartlettNew York Court of Appeals · 1873
  4. Howard Ins. Co. of New York v. SilverbergCourt of Appeals for the Ninth Circuit · 1899
  5. Wacht v. HartAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by11 opinions

  1. Dunham v. StitzbergNew Mexico Supreme Court · 1948
  2. Standard Oil Co. v. ClarkCourt of Appeals for the Second Circuit · 1947
  3. Brady v. Interstate Commerce CommissionDistrict Court, N.D. West Virginia · 1930
  4. Carolina Aluminum Co. v. Federal Power CommissionCourt of Appeals for the Fourth Circuit · 1938
  5. Stockyards Nat. Bank of South Omaha v. BraggUtah Supreme Court · 1925

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