Rice v. . Barrett
New York Court of Appeals
Appeal from, orders of the General Term of the Supreme Court, in the second judicial department, made February 12, 1885, which reversed orders of Special Term, denying motions on the part of plaintiff to compel John J. Murray and others, purchasers, to complete their purchases, and relieving them from such purchases. The General Term orders required said purchasers to complete their respective purchases.
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Appeal from, orders of the General Term of the Supreme Court, in the second judicial department, made February 12, 1885, which reversed orders of Special Term, denying motions on the part of plaintiff to compel John J. Murray and others, purchasers, to complete their purchases, and relieving them from such purchases. The General Term orders required said purchasers to complete their respective purchases. (Mem. of decision below, 85 Hun, 366.) If there were defects in the title, or irregularities in the proceedings, which could be cured at the time for carrying out, the purchasers would not be…
1Opinion of the CourtMiller, J.
The sale under the decree in partition in this case was made on the 22d day of January, 1884. The appellants, Murray, Phelan and Mander, who were’ severally purchasers upon the sale, objected to taking a deed of the premises, upon the ground that the referee could not give a good title thereto, for the reason that the infant defendants had not been brought before the court by a proper service although they had appeared by gua/rdians ad litem.
The plaintiff applied to the court and obtained leave to file a supplemental complaint and bring the defendants in by a proper service, and such…
2Cited by7 opinions
- Rice v. . BarrettNew York Court of Appeals · 1886
- Batchelar v. BatchelarNew York Court of Appeals · 1927
- Manufacturers & Traders Trust Co. v. FoyAppellate Division of the Supreme Court of the State of New York · 2010
- Lennox v. LennoxAppellate Division of the Supreme Court of the State of New York · 1921
- United States Life Ins. v. JordanNew York Supreme Court · 1887
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