Schiffer v. . Pruden
New York Court of Appeals
Appeal from judgment of the' General Term of the Superior Court of the city of Hew York in favor of defendant, entered upon a case submitted under section 372 of the Code. (Reported below, 7 J. & S., 167.) The facts as stated, were, in substance, these.
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Appeal from judgment of the' General Term of the Superior Court of the city of Hew York in favor of defendant, entered upon a case submitted under section 372 of the Code. (Reported below, 7 J. & S., 167.) The facts as stated, were, in substance, these. In October, 1872, the parties entered into a contract by which plaintiff agreed to sell certain premises in Hew York city to defendant, and to convey, in October, 1874, by warranty deed with full covenants, conveying and assuring to defendant the fee simple, free of all incumbrances. Defendant upon delivery of said deed agreed to pay the…
1Opinion of the CourtFolger, J.
In effect, the plaintiff here asks the judgment of the court, that the defendant perform his contract for the purchase of certain lands, by paying the consideration-money agreed upon and taking a deed from the plaintiff. The defendant objects that the plaintiff is not "able to give a good title; and it appears that • Dietz, the immediate grantor of the plaintiff, had at the time of his conveyance to the plaintiff, and still has, a wife living. She did not join in the deed to the plaintiff, made by her husband, nor has she in any way, at any time, released any interest or right which she ever…
2Cases cited2 opinions
- People v. WhippleCourt Of Oyer And Terminer New York · 1827
- Pitts v. . PittsNew York Court of Appeals · 1873
3Cited by22 opinions
- People v. . FabianNew York Court of Appeals · 1908
- Schiffer v. . DietzNew York Court of Appeals · 1881
- Blaufus v. . PeopleNew York Court of Appeals · 1877
- Smith v. CommonwealthSupreme Court of Virginia · 1922
- Floyd v. DuffyWest Virginia Supreme Court · 1910
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