Woodruff v. Bunce
New York Court of Chancery
This case came before the court upon a general demurrer to the complainant’s bill for want of equity. The object of the suit was to restrain the defendant from proceeding to collect a bond and mortgage given for a part of the purchase money upon the sale of three lots of land, and to recover back the residue of the purchase money which had already been paid.
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This case came before the court upon a general demurrer to the complainant’s bill for want of equity. The object of the suit was to restrain the defendant from proceeding to collect a bond and mortgage given for a part of the purchase money upon the sale of three lots of land, and to recover back the residue of the purchase money which had already been paid. The bill alleged that the defendant contracted to give the complainant a good and sufficient warranty deed of the lots in question, free from incumbrance, and stated that he was the owner thereof; that he afterwards conveyed the same with…
1Opinion of the Court
The Chancellor.
There is nothing that I can discover in this bill to warrant the interference of this court, although if the allegations therein are true the complainant has not obtained the legal title to the three lots under the defendant’s deed of warranty. It is not pretended in this case that the defendant was guilty of any intentional misrepresentation or fraud in relation to the sale of these lots, or that he is not in a situation to procure a perfect title to the premises upon the payment of the residue of the purchase money, by getting all the other executors to join in a conveyance…
2Cited by23 opinions
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- Ayers v. . DixonNew York Court of Appeals · 1879
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