Cromwell v. . Hull
New York Court of Appeals
■ Appeal by Otto O. Goldschmitt, purchaser, from order of . the General -Term of the Supreme Court, in the second judicial department, made December 11, 1883, which affirmed certain orders of the Special Term requiring the said purchaser to complete his purchase on sale under the judgment herein. This-was an action to foreclose a mortgage executed by defendant Hull.
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■ Appeal by Otto O. Goldschmitt, purchaser, from order of . the General -Term of the Supreme Court, in the second judicial department, made December 11, 1883, which affirmed certain orders of the Special Term requiring the said purchaser to complete his purchase on sale under the judgment herein. This-was an action to foreclose a mortgage executed by defendant Hull. One Lynt died in 1855 seized of the premises in question, leaving a will by which he devised said premises to his widow so long as she should remain unmarried, and upon her death or remarriage he devised the same to his five…
1Per curiam
If the plaintiff in the partition suit was not authorized to maintain the action because not a joint tenant or tenant in common with the remaindermen, still the defect was not jurisdictional, and the decree, if erroneous, not absolutely void. The court had jurisdiction of the subject-matter of the action and of the parties, and if it determined incorrectly in awarding to the plaintiff a relief to which she was not entitled, the error should have been corrected on appeal. (Blakeley v. Calder, 15 N. Y. 617; Howell v. Mills, 56 id. 226; Sullivan v. Sullivan, 66 id. 40.)
The purchaser bought with…
2Cases cited1 opinion
- Blakeley v. . CalderNew York Court of Appeals · 1857
3Cited by17 opinions
- Chamberlin v. . GleasonNew York Court of Appeals · 1900
- Purdy v. PurdyAppellate Division of the Supreme Court of the State of New York · 1897
- Perry v. MorseSupreme Court of Vermont · 1885
- Reed v. . ReedNew York Court of Appeals · 1887
- John Hancock Mutual Life Insurance v. 491-499 Seventh Avenue AssociatesNew York Supreme Court · 1996
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