Freeborn v. Wagner
New York Court of Appeals
Eliza 0. L. Freeborn (formerly Eliza 0. Outwater) and Sarah A. Vedder (formerly Sarah Augusta Outwater) brought this action, in the supreme court, against John W. Wagner, to compel specific performance of defendant’s agreement to purchase from the plaintiffs land and buildings in Tivoli, N. Y. The parties, by stipulation, admitted the making of a contract, by the plaintiffs, as devisees of James Outwater, deceased, by which the plaintiffs had agreed to give defendant “a…
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Eliza 0. L. Freeborn (formerly Eliza 0. Outwater) and Sarah A. Vedder (formerly Sarah Augusta Outwater) brought this action, in the supreme court, against John W. Wagner, to compel specific performance of defendant’s agreement to purchase from the plaintiffs land and buildings in Tivoli, N. Y. The parties, by stipulation, admitted the making of a contract, by the plaintiffs, as devisees of James Outwater, deceased, by which the plaintiffs had agreed to give defendant “a proper deed of conveyance, duly acknowledged, for the conveying and assuring to him the fee simple of said premises, free…
1Opinion of the CourtMason, J.
The rule in equity requires the vendor, when he seeks a specific performance against the purchaser, to be able to make á clear title, for courts of equity will not compel a purchaser to take a doubtful title.
*178If, therefore, the plaintiff’s title, which they offered the defendant, is doubtful, the judgment of the supreme court ought not to have compelled the defendant to take it, and the judgment must be reversed. This question of title depends upon the construction to be put upon this devise to the plaintiffs, in the will of James Outwatsr, above stated.
[The learned judge, after intimating…
2Cases cited3 opinions
- Lawrence v. BayardNew York Court of Chancery · 1838
- Helmer v. ShoemakerNew York Supreme Court · 1839
- Leslie v. MarshallNew York Supreme Court · 1860
3Cited by3 opinions
- Hume v. . RandallNew York Court of Appeals · 1894
- Pattison v. CusackAppellate Division of the Supreme Court of the State of New York · 1911
- Wilder v. KressNew York Supreme Court · 1922