Thomas v. Austin
New York Supreme Court
In Equity. This was an appeal, by the defendants, from a decree of the late vice chancellor of the fourth circuit. On the 26th of November, 1840, articles of agreement were entered into between the defendant, John Austin, and one Pasco Whit-ford, (who has since deceased, leaving the other defendants as his representatives,) of the first part, and one Jerome Woodbury of the second part, under their respective hands and seals, by which the said first party agreed to sell and…
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In Equity. This was an appeal, by the defendants, from a decree of the late vice chancellor of the fourth circuit. On the 26th of November, 1840, articles of agreement were entered into between the defendant, John Austin, and one Pasco Whit-ford, (who has since deceased, leaving the other defendants as his representatives,) of the first part, and one Jerome Woodbury of the second part, under their respective hands and seals, by which the said first party agreed to sell and convey by deed in fee to the said Jerome, and the latter to purchase, a certain piece of land of about eleven acres,…
1Opinion of the Court
By the Court, Gridley, J.
This is an appeal from a decree of the late vice chancellor of the fourth circuit, directing the specific performance of a contract to convey certain lands situated in the town of Edwards, in the county of St. Lawrence. The bill was filed by Thomas, as assignee of one Jerome Wood-bury, setting out a contract, bearing date on the 26th of November, 1840, by which the defendant Austin, and one Pasco Whitford, (who has since died, leaving the other defendants his representatives,) contracted to sell and convey the premises in controversy, on the payment of the purchase…
2Cases cited4 opinions
- Stow v. TifftNew York Supreme Court · 1818
- Carneal v. BanksSupreme Court of the United States · 1825
- Jackson ex dem. Watson v. McKennyNew York Supreme Court · 1829
- James v. M'KernonNew York Supreme Court · 1810
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- Rome Bank v. EamesNew York Court of Appeals · 1864
- Pennacchio v. GrecoAppellate Division of the Supreme Court of the State of New York · 1905
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