Occidental Realty Co. v. Palmer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Washington Palmer, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of blew York on the 20th day of April, 1906, upon the decision of ,the court rendered after a trial at the blew York Special Term adjudging that the plaintiff had acquired a vendee’s lien against certain premises as purchaser from the defendant.
1Opinion of the Court
Scott, J.:
Many, and perhaps most, of the objections to the title urged by plaintiff are insufficient to justify its refusal to perform, but I think there is a practical impossibility of accurately fixing the lines of the land proposed to be conveyed, and the difficulty arising therefrom *506is accentuated by the fact that there appear to he encroachments upon the property. I .think,.therefore, that the title, in its present condition may fairly he said to be so. far .unmarketable, that the. vendee is not bound to accept it-. The serious question in the case is as to the relief to which plaintiff…
2Cases cited17 opinions
- Kilbourn v. SunderlandSupreme Court of the United States · 1889
- Lewis v. . SmithNew York Court of Appeals · 1854
- King's Heirs and Others v. Thompson and WifeSupreme Court of the United States · 1835
- Gibert v. . PetelerNew York Court of Appeals · 1868
- Taft v. KesselWisconsin Supreme Court · 1862
12 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Elterman v. . HymanNew York Court of Appeals · 1908
- Bean v. WalkerAppellate Division of the Supreme Court of the State of New York · 1983
- Davis v. William Rosenzweig Realty Operating Co.New York Court of Appeals · 1908
- Ungrich v. ShaffAppellate Division of the Supreme Court of the State of New York · 1907
- Hugel v. HabelAppellate Division of the Supreme Court of the State of New York · 1909
15 more not listed; retrieve them via the Exa API.