Crosier v. Acer
New York Court of Chancery
About the year-1812, G. Perrin the defendants’ testator purchased of Simon Stone one third of a lot of land in Monroe. county called the Budlong lot; the title to which Stone-agreed to warrant. And as there was some question about the goodness of the title conveyed to Perrin by Stone, Perrin took from the latter a judgment in the supreme court, to indemnify him against the failurcofsuch title.
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About the year-1812, G. Perrin the defendants’ testator purchased of Simon Stone one third of a lot of land in Monroe. county called the Budlong lot; the title to which Stone-agreed to warrant. And as there was some question about the goodness of the title conveyed to Perrin by Stone, Perrin took from the latter a judgment in the supreme court, to indemnify him against the failurcofsuch title. Stone at the same time took from Perrin a written agreement that the judgment should only be enforced in case there should be a failure of the title to the lot conveyed to him by Stone. In 1816 the…
1Opinion of the Court
The Chancellor.
I agree with the vice chancellor that the allegations of fraud and unfairness on the part of Perrin, as charged in the complainant’s bill, are not sustained by the proofs in the case. It is not at all improbable, that the parties to the arrangement of 1827 may have had some loose conversation, prior to the consummation of the agreement, upon the subject of giving back the release after the trial, for the purpose of restoring them to their previous rights under the old judgment. But no one who had any correct ideas of legal proceedings could for a moment have supposed that a…
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