Cerf v. . Diener
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 7, 1912, in favor of plaintiff upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the action and the facts, so far as material, are stated in the opinion. The title in question is unmarketable. A hostile claim by Matthew Tighe of an interest in the property is not an impossible or negligible contingency.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 7, 1912, in favor of plaintiff upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the action and the facts, so far as material, are stated in the opinion. The title in question is unmarketable. A hostile claim by Matthew Tighe of an interest in the property is not an impossible or negligible contingency. The court should not shift the burden of an unmarketable title from plaintiff to defendant. (Hammond v. Inloes, 4 Md. 138;…
1Opinion of the CourtHiscock, J.
In this controversy the plaintiff seeks to compel the defendant to carry out a contract for the purchase of real estate, and judgment has been rendered requiring her so to do on what has been assumed to be an agreed statement of the facts pertaining to the matter.
The defendant has resisted the attempt on the ground that there was vested in one Matthew Tighe an outstanding tenancy by the curtesy in a portion of the premises; and the inquiry whether this position is tenable depends on the further question whether such a strong presumption of the death of said Tighe has been created by the facts…
2Cases cited6 opinions
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Ferry v. . SampsonNew York Court of Appeals · 1889
- Matter of Bd. of Education of New York.New York Court of Appeals · 1903
- Marx v. . BroganNew York Court of Appeals · 1907
- Dunn v. TravisAppellate Division of the Supreme Court of the State of New York · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Regan v. LanzeNew York Court of Appeals · 1976
- In re the Estate of KatzNew York Surrogate's Court · 1930
- Lafrinz v. . WhitneyNew York Court of Appeals · 1922
- In re the Judicial Settlement of the Account of RoweAppellate Division of the Supreme Court of the State of New York · 1921
- DeJong v. MandelbaumAppellate Division of the Supreme Court of the State of New York · 1986
15 more not listed; retrieve them via the Exa API.