In re Loos
New York Supreme Court
Appeal from special term, Onondaga county. This is an appeal from an order granting the prayer of the petition of Conrad Loos and others to set aside a judgment sale of certain real property.
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Appeal from special term, Onondaga county. This is an appeal from an order granting the prayer of the petition of Conrad Loos and others to set aside a judgment sale of certain real property. The ifnportant part of the order is in the following language, viz.: “It is ordered that each and every one of the purported sales of the interest of J. Forman Wilkinson in the real estate mentioned and described in said moving papers be, and the same is hereby, vacated, annulled, and set aside as irregular and void, upon the ground that said real estate was, at the time of such purported' sales, and for…
1Opinion of the Court
Hardest, P. J., (after stating the facts as above.)
The appellant insists (1) that the provisions in the judgment in the creditors’ action in behalf of the Merchants’ national Bank were equivalent to a permission to the creditor to enforce its judgments by execution; (2) that the court below erred in “refusing to grant an order nunc pro tunc allowing the sale, and this court should now grant such order; and (3) no leave of the court was necessary before the judgment creditor could sell.”
Inasmuch as the special term has placed its order “upon the ground that such real estate was at the time of…
Also in this document: Concurrence.
2Cases cited6 opinions
- Wiswall v. SampsonSupreme Court of the United States · 1853
- Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
- Walling v. . MillerNew York Court of Appeals · 1888
- Noe v. GibsonNew York Court of Chancery · 1839
- White's Bk. of Buffalo v. . FarthingNew York Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wilkinson v. PaddockNew York Supreme Court · 1890