Ennis v. Brown (1 A.D. 22, 1896)

Hatch, J.:

The action was brought for an accounting and resulted in a decree settling the accounts of the defendant Brown and directing a sale of the premises affected by this order. On the sale plaintiff bid in the property and now seeks to be relieved therefrom. The chain of title shows a deed bearing date July 17, 1867, running from one Eldert and wife as grantors to Henry Eckert and “ associates.” Under date of January 21, 1871, Eckert and wife conveyed the premises to Martin Kalbfleisch in trust for the Oceanus Association. The first claim is that Eckert did not take a fee of the premises, as the deed was to himself and “ associates,” and, therefore, he could not convey the fee. The deed to Eckert is absolute, vesting a fee, and nothing appears to show that there existed at any time any “ associates ” of his in the title, or that he was connected with any person or persons therein, nor does there appear in the deed or otherwise any limitation upon his power to convey or any disclosure of the purpose for inserting or referring to “ associates.” It was said in Jarvis v. Babcock (5 Barb. 146) : “ The grantees must be plainly described, capable of contracting and competent to take the estate.” The term