Jarvis v. Babcock
New York Supreme Court
In Eütjity. The bill in this cause was filed for the purpose of compelling the specific performance by the defendant of ■ a contract for the purchase of a piece of land belonging to the plaintiff, situate in the town of Bethlehem, Albany county.
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In Eütjity. The bill in this cause was filed for the purpose of compelling the specific performance by the defendant of ■ a contract for the purchase of a piece of land belonging to the plaintiff, situate in the town of Bethlehem, Albany county. Another object of the suit was to have a certain instrument purporting to be a deed of trust, made and executed by the plaintiff and his brother Thomas B. Jarvis, to David Burhans and Solomon Bailey, as trustees, decreed to be void, invalid, and of no effect. The bill alleged that on the 30th of November. 1830, Thomas Jarvis, the father of the…
1Opinion of the Court
By the Court, Parker, J.
The defendant seeks toVe protected against a decree for a specific performance of his contract, on the ground that the plaintiff has not a valid title, to the premises contracted to be sold to him. Whether this defence is available, depends entirely on the legal effect of the trust deed, executed on the 21st of December, 1830, by the plaintiff and Thomas B. Jarvis, to David Burhans and Solomon Bailey. If that deed was wholly void, so that no title passed under it, or any part of it, then the plaintiff remained the owner of the land, and has it in his power to convey a…
2Cases cited5 opinions
- Coster v. LorillardCourt for the Trial of Impeachments and Correction of Errors · 1835
- Gott v. CookNew York Court of Chancery · 1839
- Boynton v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hornbeck v. WestbrookNew York Supreme Court · 1812
- La Grange v. L'AmoureuxNew York Court of Chancery · 1845
3Cited by6 opinions
- New York Trust Co. v. BlackAppellate Division of the Supreme Court of the State of New York · 1917
- Verdin v. . SlocumNew York Court of Appeals · 1877
- Carpenter v. CookCalifornia Supreme Court · 1901
- Ennis v. BrownAppellate Division of the Supreme Court of the State of New York · 1896
- Ennis v. BrownAppellate Division of the Supreme Court of the State of New York · 1896
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