Legal Opinion

Dunn v. Herbs

New York Supreme Court

Decided May 26, 1890PublishedCited by 1 opinion

Appeal from special term, Columbia county. This is an appeal by A. Paul Dunn from an order vacating a sale in foreclosure proceedings instituted by him, and directing the referee to repay to the purchasers, Frederick C. Herbs and Magnus D. Herbs, the amount paid by them on account of their purchase.

1Opinion of the CourtLearned, P. J.

This order should be affirmed. The purchaser bid off two pieces of property, sold together,—one of a little less than three acres, the other described to be 89 acres. By an honest misapprehension, he supposed *35the piece of 89 acres to be one which belongs to the plaintiff, but which was in fact not sold. The piece which the purchaser in fact bought is of much less value than that which he supposed he was buying, and contains, as would seem, 8 or 9 acres, not 89. The utmost fairness must be observed in judicial sales; and a purchaser will not be compelled to complete his sale when he has bid,…

2Cited by1 opinion

  1. Willetts v. WhitsonNew York Supreme Court · 1910

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