Mills v. Van Voorhis
New York Supreme Court
PPEAL by the plaintiff from a judgment entered upon the report of a referee. The action was brought for the specific performance of a contract for the sale of real estate to the plaintiff, by the defendant. This contract was dated September 3, 1851. The defendant had previously, viz. on the 20th of August, 1835, sold a portion of the land to H. Learned, at the same time taking back from him a mortgage to secure the payment of a part of the purchase money.
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PPEAL by the plaintiff from a judgment entered upon the report of a referee. The action was brought for the specific performance of a contract for the sale of real estate to the plaintiff, by the defendant. This contract was dated September 3, 1851. The defendant had previously, viz. on the 20th of August, 1835, sold a portion of the land to H. Learned, at the same time taking back from him a mortgage to secure the payment of a part of the purchase money. Learned after-wards sold several parcels of the land, to different individuals. A bill in chancery was subsequently filed to foreclose the…
1Opinion of the CourtEmott, J.
One of the objections made by the plaintiff to the title of the defendant was, that the rights of dower of the wives of certain grantees of Learned, the original mortgagor of the premises contracted to be sold, had not been extinguished. This was a valid objection. Although the seisin of the grantor of the persons whose wives were omitted from the foreclosure under which title was made to Van Voorhis, was not such as to give his wife a right of dower against the mortgage which was given for purchase money; and probably by the same rule the wife of his grantee could not claim dower against the…
2Cases cited5 opinions
- Stow v. TifftNew York Supreme Court · 1818
- Bell v. Mayor of New-YorkNew York Court of Chancery · 1843
- Vartie v. UnderwoodNew York Supreme Court · 1854
- Denton v. NannyNew York Supreme Court · 1850
- Wilkinson v. ParishNew York Court of Chancery · 1831
3Cited by9 opinions
- Ormsby v. GrahamSupreme Court of Iowa · 1904
- Fletcher v. HolmesIndiana Supreme Court · 1870
- Boynton v. SawyerSupreme Court of Alabama · 1860
- Butler v. CraigSupreme Court of Kansas · 1883
- Watt v. AlvordIndiana Supreme Court · 1865
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