Cyclopedia of Law and Procedure Volume 36

Cyclopedia of Law and Procedure Volume 36

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...administrators, etc.--Executors with a power of sale may be compelled to convey, where the contract is a valid execution of the power; and if the widow, or executor, joins in the contract and the sale is for the full value of the land, she will be compelled to convey her dower right. Bostwick r. Beach, 103 N. Y. 414, 9 N. E. 41. But that a contract made by one as administrator cannot be enforced against him as heir see Metcalf-L." Hart, 3 Wyo. 513, 27 Pac. 900, 31 Pac. 407, 31 Am. St. Rep. 122. 15. Pennsylvania, etc., R. Co. 1: . Ryefifllli 36 N. J. Eq. 112. 16. A1abwmz.--Carlisle 1: . Carlisle, 77 Ala. 339, joint vendors; defendants. _ Illinoi's.--See Davis 17. Pfeiffer, 213 lli. 249. 72 N. E. 718, vendees; plaintiffs. New York.---Powell v. Finch, 5 Duer 666, vendees; defendants. Oregon.--Knott 12. Stephens, 3 Oreg. 269, representatives of a. deceased copartner. Tennessee.--(jnok zr. Hadly. C00l'@ 465, vendees; plaintiffs; those refusing to join as plaintifi's may be joined as defendants. Te.1: us.----Morrison v. Hazzard, S9 Tex. 583, 92 S. W. 33, vendors; defendants. That all of the joint plaintiffs must be entitle to relief or no relief will be granted see 4. Hotnsn or rm: LEGAL 'l'1'r1.a. One who holds the legal title to the land, although he has no beneficial interest, is a necessary defendant, if a conveyance of the legal title is sought." 5. Acnnrs. Mere agents of the parties to the contract are not necessary and usually not proper parties to the suit." But an agent may have such a beneficial interest in the proceeds of the contract as to make him a proper party to bring the suit." And a vendee cannot defeat specific performance of a contract for the sale of land on the ground that he made the contract...
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Product details

  • Paperback | 986 pages
  • 189 x 246 x 49mm | 1,724g
  • United States
  • English
  • black & white illustrations
  • 1236754883
  • 9781236754882