Wilhelm v. . Wilken
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, rendered in December, 1893, in favor of plaintiff, upon a submission of a controversy on an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, rendered in December, 1893, in favor of plaintiff, upon a submission of a controversy on an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure. The plaintiffs had agreed to sell and convey to the defend, ant certain premises in Westchester county and the defendant refused to complete the contract for the purchase on his part, upon the ground that the plaintiffs had not a good title. The premises were originally owned by Cornelius H. Tallman, who acquired them in 1864…
1Opinion of the CourtGray, J.
I think there can be no doubt as to the correctness of the General Term judgment. While there seems to have been no decision by this court upon precisely such a case as is here presented; nevertheless, there are decisions to the effect that deeds which “ remise, release and quit claim ” are operative as a conveyance of land by way of bargain and sale. Such are, for instance, the cases of Lynch v. Livingston (6 N. Y. at p. 434) and Striker v. Mott (28 id. at p. 92), which rested upon the authority of the early case of Jackson v. Fish (10 Johns. 456). This latter case did away with the…
2Cases cited12 opinions
- Shotwell v. HarrisonMichigan Supreme Court · 1871
- Ridgeway v. HollidaySupreme Court of Missouri · 1875
- Jackson ex dem. Salisbury v. FishNew York Supreme Court · 1813
- Chapman v. SimsMississippi Supreme Court · 1876
- Graff v. MiddletonCalifornia Supreme Court · 1872
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Sanders v. RiedingerAppellate Division of the Supreme Court of the State of New York · 1898
- Baecht v. HevesyAppellate Division of the Supreme Court of the State of New York · 1906
- Sanders v. RiedingerAppellate Division of the Supreme Court of the State of New York · 1898
- Informal Opinion No., New York Attorney General Reports1988
- Opn. No., New York Attorney General Reports1982