Legal Opinion

Executors of Brasher v. Cortlandt

New York Court of Chancery

Decided July 2, 1817PublishedCited by 11 opinions

CRAIG, for the plaintiff, moved for an attachment against Stephen S. Clay, for refusing to complete a purchase, in this case, made on a master’s sale, under the decree of the Court. , On the 12th of March last, it was decreed, that so much of a tract of land, of 480 acres, in Yorktown, in Westchester county, belonging to the lunatic, as should be sufficient to raise 736 dollars 24 cents, with interest from the 30th of October preceding, and costs, be sold, dzc.

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CRAIG, for the plaintiff, moved for an attachment against Stephen S. Clay, for refusing to complete a purchase, in this case, made on a master’s sale, under the decree of the Court. , On the 12th of March last, it was decreed, that so much of a tract of land, of 480 acres, in Yorktown, in Westchester county, belonging to the lunatic, as should be sufficient to raise 736 dollars 24 cents, with interest from the 30th of October preceding, and costs, be sold, dzc. On the 5th of June last, 100 acres of the tract were sold by a master, in pursuance of the decree, and struck off to Stephen S. Clay…

1Opinion of the Court

The Chancellor.

[ * 507 ]

The purchaser ought, in this case, to be compelled to complete his purchase. Such an order was made in the case of Lansdown v. Eldon, (14 Vesey, 512.) and several cases of the like kind, in the Court of Exchequer, were there referred to. The lord chancellor, in that case, ordered the purchaser to. pay his purchase money within a fortnight, or stand committed; and he observed, that a purchaser could not be permitted to baffle the Pourt. If no order of this kind could be made in this case, it would follow that not only the purchaser, but the committee of the lunatic,…

2Cited by11 opinions

  1. Camden v. MayhewSupreme Court of the United States · 1889
  2. Cazet v. . HubbellNew York Court of Appeals · 1867
  3. Burton v. LinnAppellate Division of the Supreme Court of the State of New York · 1897
  4. Matter of Bond Mortgage Guarantee Co.New York Court of Appeals · 1942
  5. John S. v. TingleyNebraska Supreme Court · 1885

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