Seaman v. Hicks
New York Court of Chancery
This case came before the court upon an appeal by J. H. Titus, from two orders of the vice chancellor of the first circuit; the one denying the appellant’s application to be discharged from his purchase of a lot in the city of Brooklyn, made at a master’s sale under the decree in this cause, and the other directing him to pay the balance of the purchase money, and complete his purchase.
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This case came before the court upon an appeal by J. H. Titus, from two orders of the vice chancellor of the first circuit; the one denying the appellant’s application to be discharged from his purchase of a lot in the city of Brooklyn, made at a master’s sale under the decree in this cause, and the other directing him to pay the balance of the purchase money, and complete his purchase. The premises in question consisted of a tract of land which was nearly covered with buildings, bounded one hundred and six feet on Everett-street, and ninety-two feet and eight inches on Fulton-street. And the…
1Opinion of the Court
The Chancellor.
The terms of sale show that the land was sold as and for a good title, except as to the incumbrance therein mentioned. The court therefore ought not to compel the purchaser to complete his purchase unless he would have obtained, under the master’s deed, such an interest both in the land and in the buildings thereon, as he was authorized to suppose he was buying when the property Was struck down to him upon his bid. And if the corporation of Brooklyn has a legal and constitutional right hereafter to take that part of the premises which was included within the original lines of…
2Cited by5 opinions
- Forster v. . ScottNew York Court of Appeals · 1893
- Mott v. . MottNew York Court of Appeals · 1877
- People v. JonesMichigan Supreme Court · 1858
- Tuttle v. MooreCourt Of Appeals Of Indian Territory · 1901
- Riggs v. . PursellNew York Court of Appeals · 1876