19 N.Y.S. 59 | N.Y. Sup. Ct. | 1892
On the 2d day of February, 1889, the defendant sold at auction certain real estate, including the premises in question. The terms of sale reqtiired the defendant to convey a clear title by warranty deed, accompanied by a policy of title insurance of the Lawyers’ Title Insurance Company. The plaintiff bought in the two lots in controversy, and at that time paid 10 per cent, of the purchase price. The balance of the purchase price was to be paid on the delivery of the deed, with the option to the purchaser to pay 60 per cent, thereof by a purchase-money mortgage. At the time of the auction sale the defendant was in possession of the premises in question, and believed herself to be the owner in fee simple without incumbrances, except those set forth in the terms of sale. After the sale, and before the day fixed for the delivery of the deed, an action in ejectment was begun against
All concur.