Jordan v. . Poillon
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, aflirming an order of Special Term, requiring the purchasers on a partition sale herein to complete their purchase. It appeared by the papers that prior to September 6, 1874, Cornelius Poillon and Alexander C. Poillon were seized as tenants in common of the land described in the complaint, and of other real estate.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, aflirming an order of Special Term, requiring the purchasers on a partition sale herein to complete their purchase. It appeared by the papers that prior to September 6, 1874, Cornelius Poillon and Alexander C. Poillon were seized as tenants in common of the land described in the complaint, and of other real estate. On that day Alexander died, leaving a will by which, after bequeathing various legacies amounting to $57,000, he devised and bequeathed his residuary estate, real and personal, to his wife…
1Opinion of the Court
Miller J.
The appellants refuse to complete their respective purchases made upon a partition sale, upon the ground that the title to the land is defective, and that a good title cannot be acquired by them. The defect alleged is that the land is subject to the lien of certain legacies devised by the will of Alexander C. Poillon, amounting in the aggregate to $57,000, which are a charge upon the undivided moiety ofJ the premises sold to them, which legacies have never been released or paid.
As the legatees named in the will referred to are not parties in this action, and cannot be heard upon this…
2Cited by39 opinions
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Howe v. CoatesSupreme Court of Minnesota · 1906
- Brokaw v. . DuffyNew York Court of Appeals · 1901
- Crouter v. . CrouterNew York Court of Appeals · 1892
- Nellis v. . NellisNew York Court of Appeals · 1885
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