Jennings v. Jennings
The Superior Court of New York City
Motion to compel a, purchaser, on a sale in partition, to complete bis purchase. This was an action commenced under the Code, in February, 1853, for the partition of the lands late of one Jennings, among his heirs at law. Judgment of partition was rendered, and a sale was made, at which one J. G. Flammer became the purchaser.
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Motion to compel a, purchaser, on a sale in partition, to complete bis purchase. This was an action commenced under the Code, in February, 1853, for the partition of the lands late of one Jennings, among his heirs at law. Judgment of partition was rendered, and a sale was made, at which one J. G. Flammer became the purchaser. Flammer subsequently refused to complete his purchase, upon the following grounds. 1. That his bid at the sale was made by the map of the property furnished at the sale, and put up on the property by the plaintiff; on which map the property was described as being “ fifty…
1Opinion of the CourtHoffman, J.
This case involves several questions as to the mode of proceeding in a partition suit under the Code, and is of much practical importance to the profession.
John G. Flammer became the purchaser of the premises in question, at a sale made under a judgment in partition, and objects to taking the property, on account of various defects in the title proffered to be made.
First. The objection that the property was sold by a map, which described it ifs some four or five feet of front, and about *9six inches of depth, more than it proved to be, is weli taken ; but it is capable of being removed by a…
2Cases cited4 opinions
- Varian v. StevensThe Superior Court of New York City · 1853
- Bulkley v. Van WyckNew York Court of Chancery · 1836
- Rogers v. PatersonNew York Court of Chancery · 1834
- Barclay v. BrownNew York Court of Chancery · 1838
3Cited by3 opinions
- Beall v. DadirrianNew York Supreme Court · 1909
- Noethinger v. JeffriesNew York Supreme Court · 1919
- Lippert v. Gates, New York County Courts1911