Potter v. . Ellice
New York Court of Appeals
Appeal from judgment of the General- Term of the Supreme Court in the fourth judicial district, affirming a judgment in favor of plaintiff entered upon the report of a referee. This is an action against the heir of a vendor, to compel the specific conveyance of land. The executors of the deceased vendor are not made parties.
Read the full summary
Appeal from judgment of the General- Term of the Supreme Court in the fourth judicial district, affirming a judgment in favor of plaintiff entered upon the report of a referee. This is an action against the heir of a vendor, to compel the specific conveyance of land. The executors of the deceased vendor are not made parties. The litigation at the trial was chiefly upon the claim of the defendant that he could repudiate the contract because the payments were not made at the time specified in the contract. The complaint alleged the death of the vendor, and the appointment by the surrogate of…
1Opinion of the Court
Hunt, C.
It. is difficult to say that this action is well brought, the administrators of Mr. Ellice not being made parties. The heir of Mr. Ellice holds the legal title, intrust, to convey the same to the vendee upon performance of the conditions of the contract. He is a mere instrument, having no real interest in the matter in a case where the contract is performed. The administrators are the real parties in interest. Both by the statute and the common law the interest in the contract passes to them. They are the parties to whom the money is to be paid, and who have the entire beneficial…
2Cases cited3 opinions
- Fisher v. . HallNew York Court of Appeals · 1869
- Palmer v. . DavisNew York Court of Appeals · 1863
- Havens v. . PattersonNew York Court of Appeals · 1870
3Cited by10 opinions
- Bowen v. LansingMichigan Supreme Court · 1901
- Scott v. DavisSupreme Court of Missouri · 1897
- 2409 Broadway Corp. v. LangeNew York Supreme Court · 1926
- Richardson v. ButlerNew York Supreme Court · 1961
- Rockland-Rockport Lime Co. v. LearyAppellate Division of the Supreme Court of the State of New York · 1909
5 more not listed; retrieve them via the Exa API.