Jewett v. Palmer
New York Court of Chancery
THE bill, filed March 4th, 1819, stated, that the plaintiffs were in possession of a farm in the county of Genesee, containing 157 acres, under a contract for the purchase thereof, in October, 1816, when they sold the farm to the defendant, Isaac Palmer, at ten dollars per acre.
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THE bill, filed March 4th, 1819, stated, that the plaintiffs were in possession of a farm in the county of Genesee, containing 157 acres, under a contract for the purchase thereof, in October, 1816, when they sold the farm to the defendant, Isaac Palmer, at ten dollars per acre. Twenty-five dollars, part of the purchase money, was paid down ; 400 dollars was to be paid on the 1st of February, 1817 j and the residue, being 1200 dollars, in two equal payments, in 1819 and 1821, with interest. That in February, 1817, P. refused to pay the 400 dollars then due, unless the plaintiffs assigned the…
1Opinion of the Court
The Chancellor.
There does not appear to be much doubt, as to the fraudulent intentions of the defendant, P.; and there would be no difficulty as to relief against him. But the object of the suit, is to preserve and enforce the claim of the plaintiffs to a lien, for the purchase money, upon the land, which they contracted to sell to the defendant, P.; and the defendant, M., comes forward, in opposition to that lien, in the character of a bona fide purchaser, for a valuable consideration, without - notice of the plaintiff’s claim, before the pendency of this suit. The real controversy is,…
2Cited by37 opinions
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- Haughwout & Pomeroy v. MurphySupreme Court of New Jersey · 1871
- Bishop v. SchneiderSupreme Court of Missouri · 1870
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