Smith v. . Wells
New York Court of Appeals
Appeal by Clarence Satterlee from an order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term, requiring appellant to complete his purchase of certain real estate sold under and by virtue of a judgment in this action. The plaintiff brought his action as trustee, asking, among other things, for the sale of certain real estate held by him in trust, and the judgment directed such sale.
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Appeal by Clarence Satterlee from an order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term, requiring appellant to complete his purchase of certain real estate sold under and by virtue of a judgment in this action. The plaintiff brought his action as trustee, asking, among other things, for the sale of certain real estate held by him in trust, and the judgment directed such sale. It appeared, by the judgment-roll, that an order was granted for the service of the summons upon two of the defendants—George Barlow and Henry Barlow—by…
1Opinion of the CourtAndrews, J.
It is a valid objection to the title to the premises purchased by Satterlee on the sale, under the judgment in this action, that it appears by the record that the summons and complaint were mailed to the defendants George Barlow and Henry Barlow, at Sylvauia, Ohio, instead of the places specified in the order of publication. They were two of the heirs of Mrs. Andrews, and as such had an interest in the premises, which was not affected by the judgment or sale, unless they were brought within the jurisdiction of the court by due service of process or voluntarily appearance in the action. They…
2Cited by5 opinions
- Fetes v. VolmerNew York Supreme Court · 1889
- Walter v. De GraafThe Superior Court of New York City · 1887
- Burton v. BurtonNew York Supreme Court · 1887
- Ver Planck v. GodfreyNew York Supreme Court · 1900
- Weeks v. TomesNew York Supreme Court · 1878