James v. Vanderheyden
New York Court of Chancery
In January, 1823, S. Yanderheyden, deceased, and the plaintiff Blake, entered into a written agreement, by which the latter agreed to sell to the former a farm in Saratoga for $6,000. Blake was to convey the farm freed and discharged from every incumbrance or lien, judgment or demand of every kind, in law or equity, with covenants of warranty as to the title and the quantity of land contained in the farm; and the purchaser was to secure $4,500 of the purchase-money, by bond…
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In January, 1823, S. Yanderheyden, deceased, and the plaintiff Blake, entered into a written agreement, by which the latter agreed to sell to the former a farm in Saratoga for $6,000. Blake was to convey the farm freed and discharged from every incumbrance or lien, judgment or demand of every kind, in law or equity, with covenants of warranty as to the title and the quantity of land contained in the farm; and the purchaser was to secure $4,500 of the purchase-money, by bond and mortgage on the premises, payable in eight years from the date of the mortgage with annual interest, and give his…
1Opinion of the Court
The Chahcellor :—The writings left in the hands of Livingston, although called by him and the parties escrows, *388were not so in fact. It is essential to an escrow that it be delivered to a third person, to be delivered by him to ^ obligee or grantee, upon the happening of some event or the "“'performance of some condition, from which time it becomes an absolute deed.[1] But whether we are confined to the written agreement signed by the parties and deposited with the papers, specifying the conditions on which they were left with Livingston, or are permitted to resort to the paroi conversations…
2Cases cited3 opinions
- Tompkins v. WheelerSupreme Court of the United States · 1842
- Keirsted v. AveryNew York Court of Chancery · 1832
- Steene v. AylesworthSupreme Court of Connecticut · 1846
3Cited by5 opinions
- Watts v. GayleSupreme Court of Alabama · 1852
- Clowes v. DickensonCourt for the Trial of Impeachments and Correction of Errors · 1826
- Miller v. SearsCalifornia Supreme Court · 1891
- In re duPontCourt of Chancery of Delaware · 1899
- Burch v. NewberryNew York Supreme Court · 1848