Kunz v. Kurtz
Court of Chancery of Delaware
Bill for Specific Performance.—The complainant claimed to be the owner in severalty of certain land in Wilmington, which had been conveyed to him and his wife by deed dated September 24, 1869. The wife, Annie E. Kunz, died September 12, 1892, leaving her husband, the complainant to survive her.
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Bill for Specific Performance.—The complainant claimed to be the owner in severalty of certain land in Wilmington, which had been conveyed to him and his wife by deed dated September 24, 1869. The wife, Annie E. Kunz, died September 12, 1892, leaving her husband, the complainant to survive her. By agreement dated January 15, 1899, the respondent entered into an agreement with the complainant for the purchase of the said lands and agreed to pay for the same two thousand dollars upon the delivery of the deed, which was to be executed and delivered February 1, 1899; the title to be good and…
1Opinion of the Court
The Chancellor:—
This is a suit brought by the vendor for the specific performance of a contract for the sale of lands which had been conveyed in fee simple by deed dated September 24, 1869, to him and his wife, who died September 12, 1892.
The respondent alleges that he refused to accept the deed solely on the ground that the vendor, the surviving husband, does not, as such, have an estate in severalty in fee simple in the land; his contention being that by the deed the vendor and his wife did not take an estate by the entirety, but became tenants in common so that the wife’s moiety descended…
2Cases cited21 opinions
- Marburg v. ColeCourt of Appeals of Maryland · 1878
- Stevens v. StevensNew York Supreme Court · 1819
- Varnum v. AbbotMassachusetts Supreme Judicial Court · 1815
- Draper v. JacksonMassachusetts Supreme Judicial Court · 1820
- Shaw v. HearseyMassachusetts Supreme Judicial Court · 1809
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3Cited by11 opinions
- In re Giant Portland Cement Co.Court of Chancery of Delaware · 1941
- Hurd v. HughesCourt of Chancery of Delaware · 1920
- Greenly v. GreenlyCourt of Chancery of Delaware · 1946
- Heitz v. SayersSuperior Court of Delaware · 1923
- Carlisle v. ParkerSuperior Court of Delaware · 1936
6 more not listed; retrieve them via the Exa API.