Abbott v. Allen
New York Court of Chancery
[ * 520 ] THE bill stated, that, in the year 1805, the testator offered to sell to the plaintiff a farm, which he then possessed, at a fair price; and represented that he was the true and rightful owner of it, and would give, or procure to the plaintiff, a perfect title; that, giving credit to the testator, the plaintiff, on the 18th of April, 1805, agreed to purchase the farm for 2,500 dollars; 1,000 dollars to be paid on receiving the deed, and the residue to be secured by…
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[ * 520 ] THE bill stated, that, in the year 1805, the testator offered to sell to the plaintiff a farm, which he then possessed, at a fair price; and represented that he was the true and rightful owner of it, and would give, or procure to the plaintiff, a perfect title; that, giving credit to the testator, the plaintiff, on the 18th of April, 1805, agreed to purchase the farm for 2,500 dollars; 1,000 dollars to be paid on receiving the deed, and the residue to be secured by bond and mortgage ; that, the testator was to give the plaintiff a deed in fee, with full covenants. That the testator,…
1Opinion of the Court
The Chancellor.
This case comes within the general doctrine declared in Bumpus v. Platner, (1 Johns. Ch. Rep. 213—218.) that a purchaser of land, who is in possession, cannot have relief here against his contract to pay, on the mere ground of defect of title, without a previous eviction. But, without resting on the opinion there delivered, I have again examined the question, inasmuch as the doctrine in that case was doubted by the learned counsel who opposed this motion.
If there be no fraud in the case, the purchaser must resort to his covenants, if he apprehends a failure or defect of title,…
2Cases cited1 opinion
- Frost v. RaymondNew York Supreme Court · 1804
3Cited by51 opinions
- Dunning v. . LeavittNew York Court of Appeals · 1881
- McLennan v. PrenticeWisconsin Supreme Court · 1893
- Stuart's heirs v. CoalterCourt of Appeals of Virginia · 1826
- Perkins' Exr's v. Winter's Adm'rxSupreme Court of Alabama · 1845
- Strong v. WaddellSupreme Court of Alabama · 1876
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