Lamerson v. Marvin
New York Supreme Court
This action was upon a bond given by the defendant to John H. Tomlinson, on the 13th of August, 1847, to secure the purchase price of certain premises in the village of Baldwinsville, for which premises Tomlinson at the same time executed to the defendant a deed with covenants of warranty and for quiet enjoyment.
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This action was upon a bond given by the defendant to John H. Tomlinson, on the 13th of August, 1847, to secure the purchase price of certain premises in the village of Baldwinsville, for which premises Tomlinson at the same time executed to the defendant a deed with covenants of warranty and for quiet enjoyment. The defendant, in his answer, set up a fraudulent misrepresentation on the part of Tomlinson, as to the title, arid alledged that the title was. in one Isaac T. Minard, instead of Tomlinson, at the time of the giving of the deed; and that the defendant did not acquire any title…
1Opinion of the CourtAllen, J.
1. The question first made by the counsel for the plaintiff is, that the mortgage sale, under which it is claimed that Minard acquired the title to the lot and premises sold to the defendant, was irregular and void, and that Minard in truth acquired no title thereto; for the reason that the mortgaged' premises consisted of distinct lots and parcels, which should have been sold separately. It is provided by the statute regulating the foreclosure of mortgages by advertisement, (2 R. S. 546, § 6,) that if the mortgaged premises consist of distinct farms, tracts or lots, they shall be sold…
2Cases cited13 opinions
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- M'Allister v. ReabNew York Supreme Court · 1830
- Burton v. StewartNew York Supreme Court · 1829
- Greenleaf v. CookSupreme Court of the United States · 1817
- Giles v. WilliamsSupreme Court of Alabama · 1842
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- Ellsworth v. . LockwoodNew York Court of Appeals · 1870
- Sherman v. . WillettNew York Court of Appeals · 1870
- Clemente v. LeeCourt of Appeals for the Second Circuit · 2023
- Robert F. Simone v. Golden Nugget Hotel and Casino, Trading as G.N.A.C. Corp., Robert F. Simone v. Golden Nugget Hotel and Casino, Trading as G.N.A.C., Corp.Court of Appeals for the Third Circuit · 1988
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