Baer v. Hendricks
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made June 14, 1895, which affirmed an order of the Special Term denying a motion by the purchaser of premises sold under an interlocutory judgment in an action of partition, to be relieved from his purchase, and ordering him to complete such purchase. The facts, so far as material, are1 stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made June 14, 1895, which affirmed an order of the Special Term denying a motion by the purchaser of premises sold under an interlocutory judgment in an action of partition, to be relieved from his purchase, and ordering him to complete such purchase. The facts, so far as material, are1 stated in the opinion. If there be an element of doubt the purchaser at a judicial sale must be relieved from his contract. (Jordan v. Poillon, W N. Y. 518; Shriver v. Shriver, 86 N. Y. 575-584; Fleming v. Burnham, 100…
1Opinion of the CourtO’Brien, J.
On the 6tli of March, 1895, pursuant to the judgment in an action of partition, the referee offered for sale the premises in question, Ro. 27 Mercer street, in the city of Rew York, and the appellant in this proceeding, as the highest bidder, became the purchaser. Subsequently he petitioned the court to relieve him from his bid upon the sole ground that the title under the judgment resulting in the sale was not a marketable one. The courts below have denied his application, thus holding that the title offered is good, and that is the only question presented by this appeal.
It is admitted that…
2Cases cited13 opinions
- Smith v. . EdwardsNew York Court of Appeals · 1882
- Vanderzee v. SlingerlandNew York Court of Appeals · 1886
- Delafield v. . ShipmanNew York Court of Appeals · 1886
- Washbon v. . CopeNew York Court of Appeals · 1895
- Vincent v. . NewhouseNew York Court of Appeals · 1881
8 more not listed; retrieve them via the Exa API.
3Cited by160 opinions
- In Re the Accounting of BuechnerNew York Court of Appeals · 1919
- In Re the Accounting of CraneNew York Court of Appeals · 1900
- Rudd v. . CornellNew York Court of Appeals · 1902
- New York Life Insurance & Trust Co. v. WinthropNew York Court of Appeals · 1923
- Clark v. . CammannNew York Court of Appeals · 1899
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