Boyd v. Vanderkemp
New York Court of Chancery
This was an application, by the defendants in this cause, to the chancellor for relief, under the following circumstances; the office of vice chancellor of the sixth circuit being vacant at the time of such application. In January, 1833, the complainant filed his bill in this cause before the chancellor, against Vanderkemp, Evans and Schermerhom.
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This was an application, by the defendants in this cause, to the chancellor for relief, under the following circumstances; the office of vice chancellor of the sixth circuit being vacant at the time of such application. In January, 1833, the complainant filed his bill in this cause before the chancellor, against Vanderkemp, Evans and Schermerhom. That bill stated, in substance, that the defendant Vanderkemp was the owner of 150 acres of the east part of lot number two of Morris’ Reserve, then in the possession of T. Younglove, and called the Young-love farm; that in January, 1829, the…
1Opinion of the Court
The Chancellor.
The decree in this case was unquestionably erroneous, not only as to the defendant Schermerhorn, upon the pleadings and proofs, but also as to the other defendants ; even upon the facts stated in the bill, which was taken as confessed as to them. The answer of Schermerhorn admitted that he purchased after he had been informed, through his agent, of the complainant’s claim. If the vice chancellor, therefore, considered the allegations proved, he should, instead of de*287creeing a compensation in damages to the complainant, have decreed a specific performance of the contract by…
2Cases cited1 opinion
- Thomas v. Gabrielle Brockenbrough, John Harvie, Edwin Harvie, Jacqueline Harvie, Julia Ann Harvie, Heirs at Law, and Devisees of John HarvieSupreme Court of the United States · 1825
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- Lipp v. South Omaha Land SyndicateNebraska Supreme Court · 1888
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