German v. Machin

Citations

• 6 Paige Ch. 288
• 1837 N.Y. LEXIS 211
• 1837 N.Y. Misc. LEXIS 65

Syllabus

<p>Where the testator devised a part of his íéal estate to his descendants, charged with the payment of an annuity to his widow, and devised and bequeathed the residue of his estate to tier during her widowhood, with power to sell the same for the payment of debts or for her own use during widowhood; Held, that as there were no debts requiring the sale of the real estate devised to the widow, she was only authorized to sell the reversionary interest therein for her own support in cise the income thereof, and her annuity, should be found insufficient for that purpose.</p> <p>To entitle a party to a specific performance of an agreement for the sale of real estate, the contract must be certain in its terms andmutual in its character.</p> <p>The rule of the court of chancery that parol contracts for the sale of real estate are taken out of the statute of frauds by a part performance of thé parol agreement, ought not to be extended to new cases which do not come clearly within the equitable principles of the previous decisions on that subject.</p> <p>Where a bill in chancery is filed for the partition of lands of which the complainant is a tenant in common of the legal title, the defendant may set up in his answer, as a defence to the suit, an equitable title in himself to the whole premises.</p> <p>But where the defendant in a partition suit, in addition to the defence of the suit and a dismissal of the complainant’s bill for partition, wishes for affirmative relief on his part, by a decree for a transfer to him of the legal title to that part of the premises which is vested in the complainant, he must file a cross bill, and must also set up the same matter in his answer as a defence to the original bill of the complainant.</p> <p>The provisions of the revised statutes do not authorize a submission to arbitrators of a claim in fee to real estate, under an alleged agreement by parol to sell and convey such estate,</p> <p>The possession of one tenant in common is prima fa