Legal Opinion

Baker v. . Lorillard

New York Court of Appeals

Decided December 5, 1850PublishedCited by 26 opinions

The bill was filed to compel the defendant to complete the purchase of certain real estate in the- city of Ifew-York, which the plaintiffs as executors of the will of William F. Baker [258] had sold to him at auction, in March, 1845. The sale took place pursuant to an authority contained in the will of William F. Baker, and the premises in question were struck off to the defendant as the highest bidder.

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The bill was filed to compel the defendant to complete the purchase of certain real estate in the- city of Ifew-York, which the plaintiffs as executors of the will of William F. Baker [258] had sold to him at auction, in March, 1845. The sale took place pursuant to an authority contained in the will of William F. Baker, and the premises in question were struck off to the defendant as the highest bidder. He refused to complete the purchase on the ground that the title was defective. The facts on which the question of title depended are these : The premises in question, together with adjoining…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] It is not pretended that Mrs. Macomb, when her release was executed upon the partition of the premises, had anything more than a life estate in the half of the premises devised to her. But it is insisted that having subsequently become entitled to the remainder in fee, as the heir at law of her only child, and having not only…

2Cases cited1 opinion

  1. Hannan v. OsbornNew York Court of Chancery · 1834

3Cited by26 opinions

  1. Maxton Builders, Inc. v. Lo GalboNew York Court of Appeals · 1986
  2. Chateau D' If Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
  3. Johnson v. Cadillac Motor Car Co.Court of Appeals for the Second Circuit · 1919
  4. Losey v. . StanleyNew York Court of Appeals · 1895
  5. In re the Estate of EckartNew York Court of Appeals · 1976

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