Fletcher v. . Button
New York Court of Appeals
On the 13th of April, 1841, the defendant executed to Isaac Fletcher and Isaac Fletcher, junior, a bond in the penalty of $800, with the following recital and condition : “ Whereas the said Fletcher has heretofore bought of me the following described piece of land, situate lying and being in Georgetown aforesaid, containing 35f acres of land, to be taken off the east end of the north half of lot FTo. 10, in said town, for which said Fletcher has paid $500, the receipt…
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On the 13th of April, 1841, the defendant executed to Isaac Fletcher and Isaac Fletcher, junior, a bond in the penalty of $800, with the following recital and condition : “ Whereas the said Fletcher has heretofore bought of me the following described piece of land, situate lying and being in Georgetown aforesaid, containing 35f acres of land, to be taken off the east end of the north half of lot FTo. 10, in said town, for which said Fletcher has paid $500, the receipt whereof I do hereby acknowledge, in full satisfaction for the above described land. ¡Now, therefore, the condition of this…
1Opinion of the CourtRuggles, J.
This action is brought to recover back the purchase money and interest. The Fletchers have had possession of the land; and the defendant resists the recovery first, on the ground of a supposed right to a set-off against the plaintiff’s demand, for the use and occupation of the land from the [399] time the plaintiff first took possession. This claim on the part of the defendant is clearly without foundation. The defendant was not the owner of the land. The plaintiff entered and occupied, not as the defendant’s tenant, but under his contract of purchase, by which the defendant was bound to give…
2Cases cited4 opinions
- Parker v. ParmeleNew York Supreme Court · 1822
- Withers v. BairdSupreme Court of Pennsylvania · 1838
- Gazley v. PriceNew York Supreme Court · 1819
- Van Eps v. Mayor of SchenectadyNew York Supreme Court · 1815
3Cited by9 opinions
- Way v. RootMichigan Supreme Court · 1913
- Cogan v. CookSupreme Court of Minnesota · 1875
- Easton v. . PickersgillNew York Court of Appeals · 1873
- Castle v. ArmsteadAppellate Division of the Supreme Court of the State of New York · 1915
- Todd v. Union Dime Savings InstitutionNew York Court of Appeals · 1890
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