Hartley v. . James
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The action was brought upon a contract between the parties for the sale of certain premises situate in the city of Hew York, plaintiff claiming the right to disaffirm the contract, and. asking to recover back a ■ payment made thereon and expenses incurred, on the ground that defendants could not make a good title to the premises. The objections to the title are confined principally to a narrow strip or alley, about…
1Opinion of the CourtAllen, J.
I am of the opinion that the copy of the abstract of title was not competent evidence of the several conveyances mentioned in it or of the title, to the premises in question. The original was handed to the plaintiff’s counsel as a memorandum or abstract of title, to aid him in making a search in the proper offices, and was competent as showing the claim of title by the defendants. This, followed as it was by proper evidence, and the introduction in evidence of the several conveyances, and showing that the title thus claimed was defective as to a portion of the premises which the defendants…
2Cases cited2 opinions
- Morange v. MorrisNew York Court of Appeals · 1866
- Foote v. WestCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by30 opinions
- Heller v. . CohenNew York Court of Appeals · 1897
- Ziehen v. . SmithNew York Court of Appeals · 1896
- Benson v. ShotwellCalifornia Supreme Court · 1890
- Second Nat. Bank v. Columbia Trust Co.Court of Appeals for the Third Circuit · 1923
- Colpe v. LindblomWashington Supreme Court · 1910
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