Knickerbacker v. Harris
New York Court of Chancery
In September, 1815, the defendant agreed with the complainant to purchase of him a lot of land in Greenfield, in the county of Saratoga, supposed to contain about 100 acres, being the north part of lot No. 1, in great lot No. 2, in the 22d general allotment of the Kayaderosseras patent, north of and adjoining lands before that time sold by the complainant to William Seymour.
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In September, 1815, the defendant agreed with the complainant to purchase of him a lot of land in Greenfield, in the county of Saratoga, supposed to contain about 100 acres, being the north part of lot No. 1, in great lot No. 2, in the 22d general allotment of the Kayaderosseras patent, north of and adjoining lands before that time sold by the complainant to William Seymour. The defendant was to pay $21 50 per acre for the land, the quantity to be ascertained on actual survey, and to be paid in seven equal annual payments. The complainant was to have the lot surveyed, and to give a conveyance…
1Opinion of the Court
*212The Chancellor :—The agreement between the parties, although not in writing, has been so far carried into effect that neither party is now at liberty to make that objection. The defendant went into possession of the premises under the agreement, and occupied the same between eight and nine years; and the complainant, during the same period, has received the principal part of the purchase-money. It is *also too late for the defendant to object that the complainant did not cause the premises to be surveyed and give him a deed therefor immediately after the first payment. He has waived that…
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- In re Proving the Last Will & Testament of EsmondNew York Surrogate's Court · 1932
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