McPherson v. Smith
New York Supreme Court
Case submitted upon agreed statement of facts. On June 16, 1887, the plaintiff, John R. McPherson, by written contract, sold to defendant, Du Bois Smith, certain real estate in Sew York city. Becoming doubtful as to McPherson’s title, Smith refused to receive the deed and pay the purchase money. By agreement, the questions in difference were submitted to the general term for decision.
1Opinion of the CourtMacomber, J.
The defendant refused to take the deed of the two lots sold to him by the plaintiff on the ground that the title was not marketable. It appears from the submission papers that the plaintiff derived his title by several .mesne conveyances, as to one of said lots, from Jeanet Clarke, a widow, one of the three daughters of James R. Smith. The plaintiff’s title to the other lot was derived by several intermediate conveyances from Matthew St. Claire Clarke and Anna It. Clarke, his wife; the latter being another of the daughters of James R. Smith, and Matthew St. Claire Clarke being a son-in-law,…
2Cases cited2 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Jordan v. . PoillonNew York Court of Appeals · 1879
3Cited by3 opinions
- Weinberg v. SandersAppellate Division of the Supreme Court of the State of New York · 1923
- Reynolds v. StrongNew York Supreme Court · 1894
- Postley v. KafkaAppellate Division of the Supreme Court of the State of New York · 1925