Parkhurst v. Van Cortlandt
New York Court of Chancery
THIS cause came on upon a petition for a rehearing. The bill stated, that the plaintiffs, on the 7th of April, 1797, applied to the defendant, as proprietor of lands in the Oriskany patent, who agreed to sell, or lease to them, lot No. 4, in the second allotment of the patent, containing 740 acres; hut he being then a tenant in common with the heirs of Mr. Clark, and no partition made, gave to the plaintiffs the following memorandum, in writing : “ Messrs.
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THIS cause came on upon a petition for a rehearing. The bill stated, that the plaintiffs, on the 7th of April, 1797, applied to the defendant, as proprietor of lands in the Oriskany patent, who agreed to sell, or lease to them, lot No. 4, in the second allotment of the patent, containing 740 acres; hut he being then a tenant in common with the heirs of Mr. Clark, and no partition made, gave to the plaintiffs the following memorandum, in writing : “ Messrs. John Parkhurst, Frederick Parkhurst, and Abel Parkhurst, have applied to me for leave to possess my lot, No. 4, in the second allotment of…
1Opinion of the Court
The Chancellor.
This is a suit for a specific performance of a contract to sell land.
The defendant, in his answer, denies any such agreement * as is charged in the bill, and likewise insists upon the statute of frauds, as a defence against any parol agreement which might be made out.
The plaintiffs rely partly upon a parol agreement, and partly upon an agreement in writing, which is admitted to have been signed by the defendant. It is an agreement, or memorandum, dated the 7th of April, 1797, in which the defendant states, that the plaintiffs had applied to him for leave to possess lot No. 4.…
2Cases cited1 opinion
- Vandervoort v. SmithNew York Supreme Court · 1804
3Cited by64 opinions
- Wiggins Ferry Co. v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1892
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- United Press v. . New York Press Co.New York Court of Appeals · 1900
- Justice v. . LangNew York Court of Appeals · 1870
- Ullsperger v. MeyerIllinois Supreme Court · 1905
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