Acer v. . Westcott
New York Court of Appeals
Appeal from a judgment of the General Term of the seventh judicial district, affirming a judgment entered in Monroe county in favor of plaintiff upon the report of a referee. (Reported below in 1 Lansing, 193.) Prior to the 29th of January, 1864, Mrs. Charlotte H. Brown was the owner in fee of lots 55, 56, 57, 58, and 59, on the east side of Magne street, in the city of Rochester.
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Appeal from a judgment of the General Term of the seventh judicial district, affirming a judgment entered in Monroe county in favor of plaintiff upon the report of a referee. (Reported below in 1 Lansing, 193.) Prior to the 29th of January, 1864, Mrs. Charlotte H. Brown was the owner in fee of lots 55, 56, 57, 58, and 59, on the east side of Magne street, in the city of Rochester. On that day, she, by written contract, agreed to convey all those premises, except thirty-three feet off of lot 55, to Ezra W. Acer, the plaintiff herein, upon the payment by him of the sum of $1,200. Acer was the…
1Opinion of the CourtPeckham, J.
There is but one question in this case. Was the recital in the deed from William Brown to Ourtis, notice to the defendant of the equitable rights of the plaintiff in the premises conveyed ? If it were, then the defendant was not, in law, and could not be a bona fide purchaser. If it were not, he could be, and was a bona fide purchaser to the extent of the money advanced to Curtis in the mortgage. There was some evidence in the case as to other notice to defendant of plaintiff’s rights. But the referee directly negatives every other notice, and distinctly finds the defendant free from all…
Also in this document: Dissent.
2Cases cited9 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Brush v. WareSupreme Court of the United States · 1841
- Grimstone v. CarterNew York Court of Chancery · 1831
- Gibert v. . PetelerNew York Court of Appeals · 1868
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3Cited by45 opinions
- Sapp v. WarnerSupreme Court of Florida · 1932
- First National Bank of Paterson v. National Broadway BankNew York Court of Appeals · 1898
- Turner v. . GlennSupreme Court of North Carolina · 1942
- McPherson v. . RollinsNew York Court of Appeals · 1887
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MooreIndiana Supreme Court · 1907
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