Mygatt v. . Coe
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 December 14, 1894, which affirmed "a judgment in favor of plaintiffs entered upon the decision of the court on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 14, 1894, which affirmed "a judgment in favor of plaintiffs entered upon the decision of the court on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant never was in possession of the premises in question, and there is consequently no sufficient privity of estate to carry the covenants with the land. (Stanley v. K. U. Bank, 115 1ST. Y. 124; T. K. Bank v. Guenther, 123 TST. Y. 569 ; Frantz v.…
1DissentHaight, J.
On the 15th day of July, 1858, one Ebenezer L. Roberts conveyed to Almira S. Ooe, the wife of the defendant, the premises in question. They were thereafter occupied by Mrs. Ooe and the defendant as a family residence until 1867, at which time they both executed a deed purporting to convey the same to Haney Fisher. The deed contained full covenants, including that of warranty, with an acknowledgment of the receipt of the consideration to them in hand paid. Possession was thereupon surrendered to Haney Fisher, who thereafter executed and delivered to the plaintiffs a bond and mortgage to secure…
2Cases cited10 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Knapp v. . SmithNew York Court of Appeals · 1863
- Dunning v. . LeavittNew York Court of Appeals · 1881
- Howell v. . LeavittNew York Court of Appeals · 1884
- Hebbard v. . HaughianNew York Court of Appeals · 1877
5 more not listed; retrieve them via the Exa API.