Alvord v. Beach
New York Supreme Court
Motion to compel a purchaser to complete his purchase ; and cross-motion on behalf of the purchaser to be discharged. The facts on which these motions are made appear in the opinion.
1Opinion of the CourtClerke, J.
—A purchaser under a decree or judgment is not affected by a mere error in the decree or judgment or proceedings, provided the court has jurisdiction of the subject and of the parties (Bennett v. Hamill, 2 ch. & L., 566). It is- always presumed that the court has taken the steps necessary to investigate the rights of the parties, and that on that investigation it has properly decreed a sale. It is for the court to see that the proceedings have been regular, before it pronounces its final decision; and if a mere irregularity, as contradistinguished from a nullity has occurred, by reason of the…
2Cited by2 opinions
- Gaskin v. AndersonNew York Supreme Court · 1869
- Price v. FennNew York Surrogate's Court · 1885