Jenkins v. . Fahey
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial - department, affirming a judgment in favor of defendant, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial - department, affirming a judgment in favor of defendant, entered upon the report of a referee. (Reported below, 11 Hun, 351.) This action was brought to compel the specific performance of a contract between plaintiff, as vendor, and defend-ant,' as vendee, for the sale of certain real estate. ' 1 The referee found substantially the following facts : The plaintiff made an agreement in writing with the defendant to sell and convey to the latter, who agreed to purchase two lots of land in the city of Brooklyn;…
1Opinion of the CourtAllen, J.
During the pendency of this action the life upon which the particular estates depended has fallen in, and the estate in remainder has become vested in possession, and one serious if not fatal objection to the plaintiff’s title, which, existed at the time of the commencement of the action, is removed. The remainder in the estate was devised to the issue of the daughter of the testator, the devisee for life living at her death. (Taggart v. Murray, 53 N. Y., 233.), The plaintiff claims, and, if the conveyances to him are valid and effectual for the purposes for which they were made, has…
2Cases cited8 opinions
- Hassan v. . City of RochesterNew York Court of Appeals · 1876
- Taggart v. . MurrayNew York Court of Appeals · 1873
- Sullivan v. . SullivanNew York Court of Appeals · 1876
- Vanderheyden v. CrandallNew York Supreme Court · 1846
- Elwood v. KlockNew York Supreme Court · 1852
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3Cited by37 opinions
- Townshend v. GoodfellowSupreme Court of Minnesota · 1889
- Gates v. ParmlyWisconsin Supreme Court · 1896
- Dodge v. . StevensNew York Court of Appeals · 1887
- Dodge v. . StevensNew York Court of Appeals · 1883
- In re the Estate of De StuersNew York Surrogate's Court · 1950
32 more not listed; retrieve them via the Exa API.