Crouter v. . Crouter
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made February 18, 1892, which reversed an order of Special Term requiring two purchasers to complete the purchase of two parcels of land bid off by them respectively at a sale in partition, and denying a motion by one of them to be relieved from his purchase. The General Term order also denied the motion to require said purchasers to complete their purchase.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made February 18, 1892, which reversed an order of Special Term requiring two purchasers to complete the purchase of two parcels of land bid off by them respectively at a sale in partition, and denying a motion by one of them to be relieved from his purchase. The General Term order also denied the motion to require said purchasers to complete their purchase. The purchasers objected to the title upon three grounds: (1) That the order for service of defendants by publication was based upon a defective…
1Opinion of the CourtMaynard, J.
The purchaser upon the partition sale in this action objects to the title offered upon three grounds. ■ 1st. That the affidavit upon which the order was granted for the service of the summons by publication upon non-resident defendants was insufficient to confer jurisdiction on the justice granting it. 2d. That the bonds of the guardians ad lAtem do not conform to the requirements of section 1536 of the Code; and, 3d, that the order appointing a guardian for the nonresident infant defendants was a nullity, because made before the expiration of the period when the substituted service of the…
2Cases cited5 opinions
- Jordan v. . PoillonNew York Court of Appeals · 1879
- Ingersoll v. . MangamNew York Court of Appeals · 1881
- McMurray v. . McMurrayNew York Court of Appeals · 1876
- Kennedy v. New York Life Insurance & Trust Co.New York Court of Appeals · 1886
- Feitner v. HoegerNew York Court of Common Pleas · 1888
3Cited by29 opinions
- McDaniel v. McElvySupreme Court of Florida · 1926
- Pillsbury v. StreeterNorth Dakota Supreme Court · 1906
- Kennedy v. . LambNew York Court of Appeals · 1905
- Phelps v. HeatonSupreme Court of Minnesota · 1900
- Schuster v. SchusterArizona Supreme Court · 1952
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