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1 Edw. Ch. 512

Scott v. Thorpe

New York Court of Chancery

Decided February 11, 1833

New York Court of Chancery · decided 1833-02-11

The hill in this cause was filed to compel thé spécific'pérformance of an agreement'for the purchase of a house and lot aj Ellenville in this state.

Cited by 1 later decisions — most recently January 1901

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1833-02-11

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The Vice-Chancellor.-

¶1There aré no'circumstances in this case to show unfairness in' making the contract: the defendants were Englishmen just arrived in this country and voluntarily entered into an agreement with the complainants.

¶2The defendants have suggested their being aliens. This point the court' cannot look to while it comes from them. They could have obviated- this difficulty themselves: by making the necessary deposition-or affirmation and having it filed and recorded by the secretary of state: 1 R. S. 720, § 15. There is nothing to prevent a decree for specific performance *513and there must be the usual reference to the master to report upon the title. The question of costs and all further directions 1 l are reserved.

¶3Order accordingly.

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