Mingay v. . Lackey
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 1, 1893, which affirmed an order of Special Term.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 1, 1893, which affirmed an order of Special Term. This appeal is from an affirmance by the General Term of the second department of an order of the Special Term amending, upon the application of the defendant, Mary Estelle Lackey, an interlocutory judgment in the action entered April 8, 1893, by cancelling and striking therefrom a provision directing a sale of the interest of James B. Mingay, a tenant by the curtesy in the premises directed to be sold, and payment by the referee…
1Opinion of the Court
Andkews, Ch. J.
The judgment of April 8, 1893, was interlocutory and not final. It declared the then existing rights and interests of the parties to the litigation in the land. But it divested no titles. It directed a reference for sale, for inquiry for computation and for accounting. It provided for a distribution of the proceeds of the sale based upon the several interests in the land which should be included in the sale. But the sale would become binding only upon confirmation by the court, and until confirmation the purchaser would not be required to pay the purchase money, and until the…
2Cases cited2 opinions
- Robinson v. . GoversNew York Court of Appeals · 1893
- McCall v. . McCallNew York Court of Appeals · 1874
3Cited by2 opinions
- In re BischoffAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Estate of StevensNew York Surrogate's Court · 1935