Williams v. . Haddock
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 18, 1894, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 18, 1894, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought by the plaintiffs, who are executors of the will of Catharine M. McCoskry, deceased, against the defendants, some of whom were heirs at law and others next of kin of the testatrix, for the purpose of obtaining judgment directing the conveyance by the defendants, who are the heirs at law and next of kin of such testatrix, of…
1Opinion of the CourtPeckham, J.
The question in this case arises upon the true interpretation of the contract for the sale of the brewery entered into on the 18th of March, 1886. The general rule in regard to contracts for the sale of land is that the owner of the real estate from the time of the execution of a valid contract for such sale is to be treated as the owner of the purchase money, and the purchaser of the land is treated as the equitable owner thereof. The vendor is deemed in equity to stand seized in the land for the benefit of the purchaser, and the latter, even before the conveyance to him, can devise the same…
2Cases cited2 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Wells v. SmithNew York Court of Chancery · 1833
3Cited by57 opinions
- Polish National Alliance of Brooklyn, U.S.A. v. White Eagle Hall Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Bean v. WalkerAppellate Division of the Supreme Court of the State of New York · 1983
- In Re Estate of DwyerCalifornia Supreme Court · 1911
- Sheehy v. ScottSupreme Court of Iowa · 1905
- Sweeting v. Board of Cooperative Educational ServicesAppellate Division of the Supreme Court of the State of New York · 1981
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