Frost v. Beekman
New York Court of Chancery
THE bill in this cause, which was filed in April, 1808, stated, that Frost, one of the plaintiffs, and Martin Goddard, then deceased, in August, 1803, agreed to purchase of Henry Corl, jun., lot No. 33, in the town of Marcellus containing 600 acres; that, on the 19th of September, 1803. Corl conveyed .200 acres, part of the lot, to Frost, for Which Frost paid him, in August, 1803, 300 dollars, and, on receiving the deed, 700 dollars more ; that Corl, in September, 1805,…
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THE bill in this cause, which was filed in April, 1808, stated, that Frost, one of the plaintiffs, and Martin Goddard, then deceased, in August, 1803, agreed to purchase of Henry Corl, jun., lot No. 33, in the town of Marcellus containing 600 acres; that, on the 19th of September, 1803. Corl conveyed .200 acres, part of the lot, to Frost, for Which Frost paid him, in August, 1803, 300 dollars, and, on receiving the deed, 700 dollars more ; that Corl, in September, 1805, pursuant to the agreement, conveyed half of the, residue of the lot to Frost, and half to Marlin Goddard, and the deeds were…
1Opinion of the Court
The Chancellor.
This case has led to the discussion of several important questions.
1. The first in order is, whether the deed from Beekman to Corl was duly delivered, and at what time, so as to pass the estate.
The deed must he taken to have been duly delivered from the time it was handed to Corl by Westerlo, with whom it had been deposited as an escrow. The exact time of this delivery does not appear, but it may be safely fixed as early as the 1st of October, 1805, for it must have been after, and shortly after, the registry of the mortgage on the 9th of September preceding. The letter from…
2Cases cited1 opinion
- Jackson ex dem. New Loan Officers v. BullNew York Supreme Court · 1799
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- Ala. Gt. Southern R. R. v. South & North Ala. R. R.Supreme Court of Alabama · 1887
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