Canton Co. v. B. & O. R. R.

I agree with the contention of the learned counsel for the plaintiff that the possession of the land in controversy, viz., the bed of Third avenue, by the defendant must bo held to be under and by virtue of the contract of sale; and therefore the defendant will not be allowed to dispute the title, or to object to the payment of the purchase money, because of alleged defects in it.

But this bill is filed to enforce the specific performance of the contract by the defendant, and it is well settled in this State that no matter what the right of the plaintiff may be to recover the purchase money in…