Cavalli v. . Allen
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of Buffalo, affirming a judgment in favor of plaintiff, entered upon the decision of the court at a trial term.
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Appeal from judgment of the General Term of the Superior Court of Buffalo, affirming a judgment in favor of plaintiff, entered upon the decision of the court at a trial term. This was an action of ejectment to recover possession of a strip of land, five feet wide and one hundred feet deep, on Sixth street, in the city of Buffalo. . Defendant, in his answer, claimed the legal title to the land in dispute, and also set forth certain special facts, being substantially the same as hereinafter stated, under which he claimed, that plaintiff’s title, if not absolutely void, was held by her in trust…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The question in this case is, how far a sub-vendee, under a contract of sale of land, has rights against his own vendor (the vendee in the original contract), and to what extent an assignee of such vendor stands in the latter's position.
The most satisfactory way to consider the subject will be to inquire, in the first instance, as to the relations between Schreder, the vendee in the original contract, and the defendant, on the assumption that Schreder had not…
2Cases cited5 opinions
- Sutphen v. FowlerNew York Court of Chancery · 1841
- Crary v. . GoodmanNew York Court of Appeals · 1855
- Barber v. SpencerNew York Court of Chancery · 1845
- Lord v. UnderdunckNew York Court of Chancery · 1843
- Western Bank v. SherwoodNew York Supreme Court · 1859
3Cited by11 opinions
- Susquehanna Steamship Co. v. A. O. Andersen & Co.New York Court of Appeals · 1925
- East v. PedenIndiana Supreme Court · 1886
- Kenny v. McKenzieSouth Dakota Supreme Court · 1910
- Miceli v. RileyAppellate Division of the Supreme Court of the State of New York · 1981
- Suessenbach v. First Nat. BankSupreme Court Of The Territory Of Dakota · 1889
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