O'Connor v. . Huggins
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt in the first judicial department, entered upon an order made November 13,1887, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. This was an action for the specific performance of a contract for a sale of real estate in the city of New York. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Oourt in the first judicial department, entered upon an order made November 13,1887, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. This was an action for the specific performance of a contract for a sale of real estate in the city of New York. The facts, so far as material, are stated in the opinion. The question as to whether the estate of Isaac F. Craft, deceased, was within the jurisdiction of the county judge of Richmond county, and his authority to issue letters of…
1Opinion of the CourtGray, J.
The defendant has objected to the title proffered by the plaintiffs, on the ground that it was not a good and marketable one, and he bases his objection on the invalidity of a sale of the premises made to the plaintiffs’ testator in 1851. Isaac F. Craft acquired the title to the premises in 1828, and, while seized of them, died intestate in Indiana, in 1845. In 1850 one Pell, a creditor of Craft, obtained the grant to himself of letters of administration of the goods, etc., of the intestaté from the Surrogate’s Court of the county of Richmond, in this state. Subsequently to his obtaining this…
2Cases cited5 opinions
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1875
- Porter v. . PurdyNew York Court of Appeals · 1864
- Kelly v. . WestNew York Court of Appeals · 1880
- Stilwell v. . SwarthoutNew York Court of Appeals · 1880
3Cited by34 opinions
- Hoes v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1903
- Conley v. FinnMassachusetts Supreme Judicial Court · 1898
- Pietraroia v. New Jersey & Hudson River Railway & Ferry Co.New York Court of Appeals · 1910
- Barnard v. BrownMichigan Supreme Court · 1897
- Jordan v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1905
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