Hinman v. Booth
New York Supreme Court
This was an action of ejectment, tried at the Chemung circuit in October, 1837, before the Hon. Robert Monell, one of the circuit judges. The plaintiffs were Michael Beardslee, Phineas Catlin, Guy Hinman, George T. Hinman and Mary Hinman.
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This was an action of ejectment, tried at the Chemung circuit in October, 1837, before the Hon. Robert Monell, one of the circuit judges. The plaintiffs were Michael Beardslee, Phineas Catlin, Guy Hinman, George T. Hinman and Mary Hinman. The declaration contained four counts: in the first count, the premises in question being thirty-eight acres of land, were claimed in fee by all the plaintiffs : in the second, Beardslee alone claimed three-fourths of the premises in fee, the same being undivided : in the third, Catlin alone claimed an undivided moiety of the premises in fee; and in the…
1Opinion of the Court
By the Court,
Gowen, J.
The condition upon which Swartwood’s deed to Catlin was deliverable was never fulfilled. Catlin agreed to give a bond to the overseers of the poor conditioned to maintain Isaac Booth for life, and the deed was to remain as an escrow with Mr. Darling till that was done. This was a condition precedent, which never y/as waived by Swartwood; and, non constat, that the proper bond was ever even tendered. Indeed, the contrary appears ; and for this default Swartwood disaffirmed the contract to .convey, and deeded to Elijah Booth, under whom *269the defendant claimed. It was not…
2Cases cited1 opinion
- Holmes v. SeelyNew York Supreme Court · 1837
3Cited by14 opinions
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- Cagger v. . LansingNew York Court of Appeals · 1871
- Smith v. South Royalton BankSupreme Court of Vermont · 1859
- Burt v. Florida Southern Railway Co.Supreme Court of Florida · 1901
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