Seitz v. Messerschmitt
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Anna Seitz, from an order of the Supreme Court, made at the ¡New York Special Term and entered in the. office of the clerk of the county of ¡New York on the 19th. day of September, 1906, granting a motion made by Magdalena Messerschmitt to be relieved from her purchase made at a sale pursuant to an interlocutory judgment in partition, upon the ground that the title to the premises in question is unmarketable.
1Opinion of the Court
Ingraham, J.:
The questions presented on this appeal are stated in the opinion of Mr. Justice Laughlin. There is one ground upon which I do not agree with him.
The conveyance of the referee on the sale 'under the judgment in the foreclosure action is the foundation of the title; in that action no defendant, as representing the - heirs at law of the mortgagor, was made a party, it being alleged that the mortgagor died owning the equity of redemption in the property without heirs at law, which it may be assumed meant without heirs at law capable of *402• inheriting real property in this State. The…
2Cases cited1 opinion
- Kiersted v. PeopleNew York Supreme Court · 1855
3Cited by10 opinions
- Niagara Falls Power Co. v. WhiteNew York Court of Appeals · 1944
- New York Central & Hudson River Railroad v. CottleNew York Supreme Court · 1917
- In re the Accounting of KellyNew York Surrogate's Court · 1947
- In re the Estate of ShlevinNew York Surrogate's Court · 1935
- In re WoitasekNew York Supreme Court · 1943
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