Kent v. . Church of St. Michael
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 8, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This was an action to compel the specific performance of a contract for the purchase of land. The facts, so far as material, are stated hi the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 8, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This was an action to compel the specific performance of a contract for the purchase of land. The facts, so far as material, are stated hi the opinion. The court "will not decree specific performance of a contract for the purchase of realty where the title of the vendor is doubtful. (Adams v. Valentine, 33 Fed. Rep. 1; Cooper v. Denue, 4 Bro.…
1Opinion of the Court
Earl, Ch. J.
The plaintiffs are executors under the will of James Kent, deceased. The testator devised all his property to his executors as trustees in trust, to pay the net income theieof to his wife during her life, and he authorized and empowered them to sell any of his real estate. It is not ques tioned that a valid trust was thus created; that the legal title to the real estate devised was vested in the trustees, and that they had a valid power of sale. In April, 1890, in the exercise of the power of sale, they entered into a written contract with the defendant, by which they agreed to…
2Cases cited5 opinions
- Mead v. . MitchellNew York Court of Appeals · 1858
- Nodine v. GreenfieldNew York Court of Chancery · 1839
- Kilpatrick v. BarronNew York Court of Appeals · 1891
- Cummings v. CoeCalifornia Supreme Court · 1858
- Harris v. . StrodlNew York Court of Appeals · 1892
3Cited by77 opinions
- In Re the Accounting of BrownNew York Court of Appeals · 1897
- Springs v. ScottSupreme Court of North Carolina · 1903
- Ruggles v. TysonWisconsin Supreme Court · 1899
- Upham v. PlankintonWisconsin Supreme Court · 1913
- Colorado & Southern Railway Co. v. BlairNew York Court of Appeals · 1915
72 more not listed; retrieve them via the Exa API.