New Jersey Equity Reports Volume 93

New Jersey Equity Reports Volume 93

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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. 1922 edition. Excerpt: ...was thereafter adopted under which a trustee could be appointed to convey the property in lieu of the non-resident defendant. In Felch v. Hooper, 11L9 Mass.-5:2, subsequent to this legislation, jurisdiction was sustained of a bill by a purchaser of lands, who had paid or tendered the purchase price and been given possession of the lands and p1'ayed for legal title. The court expressly says that a bill for specific performance could not be sustained, but that the suit in question was a suit to enforce an implied trust. I confess it is difiicult for me to see the distinction, for the equitable doctrine is, and has always been, that a vendor is a trustee of the lands for the vendee from the time of the making of the contract (Of. Hoagland v. Latourette, 2 N. J. Eq. %5J, cents, at p. 256), and. the payment or tender of purchase price is of course a requisite demanded of a vendee suing for specific performance; and even though a trustee be appointed to convey the title, in the lastanalysis, it is tl1e statute "which transfers the title, since, otherwise, the trustee would have no title to convey. In this state the principles have been repeatedly discussed in G'ua_1/aqui-l rt' 00., 69 N. J. Eq. 211; aafii-rmed, '71 N. J. Eq. 768; Sohege v. Singer lllwnufactzzflng C'0., '73 N. J. Eq.-567; Amparo Mining O0. v. Fidelity Tmst 00., '74 N. J. Eq. 198; afiirmed, "76 N. J. Eq. 555. In Hi-ll v. Hen/ry the bill was one to quiet title against the unknown heirs, devisees or personal representatives of a decedent. Jurisdiction was denied on the ground that constructive service to he valid must be against named defendants, but the opinion clearly indicates that jurisdiction would have been upheld against a definite and named defendant. Thshow more

Product details

  • Paperback | 250 pages
  • 189 x 246 x 13mm | 454g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236914392
  • 9781236914392