2 Johns. Ch. 505 | New York Court of Chancery | 1817
[ * 507 ]
The purchaser ought, in this case, to be compelled to complete his purchase. Such an order was made in the case of Lansdown v. Eldon, (14 Vesey, 512.) and several cases of the like kind, in the Court of Exchequer, were there referred to. The lord chancellor, in that case, ordered the purchaser to. pay his purchase money within a fortnight, or stand committed; and he observed, that a purchaser could not be permitted to baffle the Pourt. If no order of this kind could be made in this case, it would follow that not only the purchaser, but the committee of the lunatic, would be permitted to baffle the Court, and sport with its decree. The committee, who are .in possession of the lunatic’s property, and have apportioned it among them, as his children, and who have admitted the justice of the plaintiff’s debt, have, already, in the former progress of this suit, shown .a disposition to *embarrass and defeat the recovery;
Order accordingly.
s. C. ante, p. 243. 400.