M'Comb v. Wright
New York Court of Chancery
THOMAS OGILVIE, by his last will, dated the 8th of n , September, 1812, empowered his executors to sell his estate at auction, and to execute deeds for the real estate, to the purchasers in fee} and to divide the proceeds among his children, and appointed his wife and the plaintiffs, executors.
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THOMAS OGILVIE, by his last will, dated the 8th of n , September, 1812, empowered his executors to sell his estate at auction, and to execute deeds for the real estate, to the purchasers in fee} and to divide the proceeds among his children, and appointed his wife and the plaintiffs, executors. The testator died on the 18th oí March, 1816, and his wife died on the 12th of May, 1818. The plaintiffs, on the 13th of January, 1819, sold at auction a lot of land in Beekman Street, of which the testator died seised, to the defendant, who was the highest bidder, at 8,900 dollars. There was a printed…
1Opinion of the Court
The Chancellob.
The leading question in this case is, whether there was a valid purchase by the defendant, within the statute of frauds.
The premises were sufficiently described in the printed advertisement of the time and place of the sale at auction. *662The terms of sale were also particularly stated, viz: tenpér cent, to be paid on the day of sale, and the remainder on the first day of May following, when the deed and possession would be given, and 5,000 dollars of the purchase money were to remain on mortgage at the option of the purchaser. To these printed terms there was added, in writing,…
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