Hume v. . Randall
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 4, 1892, which directed judgment in favor of defendants upon a case submitted under the Code of Civil Procedure (§ 1279). Plaintiff sought in this controversy to compel defendants to-complete a contract entered into by them with him to purchase certain lands in Erie county in this state.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 4, 1892, which directed judgment in favor of defendants upon a case submitted under the Code of Civil Procedure (§ 1279). Plaintiff sought in this controversy to compel defendants to-complete a contract entered into by them with him to purchase certain lands in Erie county in this state. Defendants claimed that the title offered by plaintiff was not merchantable. The facts, so far as material, are stated in the opinion. The first question submitted to the court…
1Opinion of the CourtPeckham, J.
The sole question arises in this case over the deed from Van Duzee and wife to Sarah A. Cornell and Laura S. Real. If, under the provisions of that deed, the grantees therein were able, subsequent to the death of Van Duzee, to convey a fee, then the plaintiff took such fee by virtue of a deed from those grantees, and- plaintiff’s deed tendered to ' defendants conveyed a good title, and the judgment should be in his favor. Otherwise not.
The case was submitted to the General Term upon an agreed state of facts. The defendants agreed to purchase from plaintiff the premises described in the Van…
2Cases cited2 opinions
- Cutting v. . CuttingNew York Court of Appeals · 1881
- Freeborn v. WagnerNew York Court of Appeals · 1868
3Cited by19 opinions
- In Re the Judicial Settlement of the Account of MoehringNew York Court of Appeals · 1897
- Deegan v. . WadeNew York Court of Appeals · 1895
- Whitlock-Rose v. McCaughnCourt of Appeals for the Third Circuit · 1927
- Woodbridge v. BockesAppellate Division of the Supreme Court of the State of New York · 1901
- Hershey v. Meeker County BankSupreme Court of Minnesota · 1898
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