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Reports of Cases Decided in the Court of Appeals of the State of New York (Volume 64): (English)

Reports of Cases Decided in the Court of Appeals of the State of New York (Volume 64): (English)

          
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About the Book

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1877. Not illustrated. Excerpt: ... title; he can take nothing by reason of any defects in tbat of the de- fendant. Wallace v. Swinton. 188 7. One F., in October, 1868, exe- cuted an instrument under seal, which, by its terms, conveyed to plaintiff certain real and personal estate, with power to sell and con- vey the lands "by retail tor the best price that can be got," anil, unlil such sale, to rent such of them as could be rented, and after defraying expenses and retaining five per cent for commissions, to pay over to F. the residue of the avails received during his life, and upon his death, after payment of his debts, to distribute the residue in the manner and to the persons specified. In December, 1870, F. executed to defendant R. a written contract for the sale to him of certain premises, part of the real estate included in said instrument, and R. went into pos- session under said contract. F. died in April, 1873. In an action to recover possession of the prem- ises contracted to R., held (earl, J, dissenting), that conceding plaintiff became seized under the instru- ment of an estate in the lands in trust for leasing with power of sale, asF. was entitled to receive to his own use all receipts from sales during his life, and as he could have compelled an execution of the trust by a side, he having, in- stead of resorting to a court of equity for that purpose, made a sale, thus accomplishing the same result, R. not being in default, was in equity entitled to hold the prem- ises as against plaintiff. Heermant v. Robertson. 332 8. In an action of ejectment, plain- tiffs gave in evidence a judgment roll in a former action of eject- ment brought by the grantor of plaintiffs' ancestor against defend- ant to recover the same lands wherein it was adjudged that said grantor was entitled to possessio...


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Product Details
  • ISBN-13: 9781154993547
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 264
  • Series Title: English
  • Weight: 476 gr
  • ISBN-10: 115499354X
  • Publisher Date: 10 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 14 mm
  • Width: 189 mm


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Reports of Cases Decided in the Court of Appeals of the State of New York (Volume 64): (English)
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