Forms of Pleadings And Precedents : in the Court of Chancery, of the State of New Jersey, And the Revised Rules of the Court of Chancery, Rules of the Prerogative And Orphans' Courts, And the Revised Rules of the Court of Errors And Appeals ; Also, Practi
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It was held, under the Sim. 359; Sosack y. Sogers, Q Paige circumatancesof the case, that a motion 415. As to cases of vendor and pur- to rescinJ'an order to pay money into chaser, see 1 Barb. Oh. Pr. 238. court would not be entertained by the Where, in a bill for specific perform- court until the money had been paid ance, complainant, who was a non- in. Dacie v. John, 13 Price 117. In resident, tendered himself ready to the absence of any statutory regula- pay the purchase money to defendant, ...tion upon the subject, the rule prevails and by the answer the latter tendered that money paid into court is a mere himself ready to receive it and convey collateral security, and is not to be the property according to the agree- taken as a payment to the complaiu- ment, on application of defendant, on ant. Clarkson v. De Peyster, Hopk. motion, the money was ordered to be 505 ; S. C, on appeal, 2 Wend. 77 ; paid into court. Binns v. Mount, 1 Ambrose v. Ambrose, 1 Cox S. G. 194; Stew. Eg. 24. Kirwan v.
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