Wanser v. . De Nyse
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 11, 1907, which affirmed an order of Special Term directing the appellant herein to complete his purchase of real property sold at a partition sale. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 11, 1907, which affirmed an order of Special Term directing the appellant herein to complete his purchase of real property sold at a partition sale. The facts, so far as material, are stated in the opinion. The Special Term is limited to the scope of the moving papers and in allowing the moving party to submit supplemental affidavits without notice to the adversary or leave, the court committed reversible error. (Calder v. Bull 3 Dall. 386; 3 Story on Const. 264, 661; People…
1Opinion of the CourtChase, J.
In this- state a person who, in good faith, bids upon real property at a judicial sale where the particular interest offered is not expressly stated, has a right to assume that he is to receive a conveyance of the fee, and that the title to such real property is marketable. In case the title to such real property is not marketable, such fact is a defense to a motion to compel the purchaser to complete his purchase or to any other proceeding or action based upon such bid. (New York Security and Trust Company v. Schoenberg, 87 App. Div. 262; affd., 177 N. Y. 556 ; Mott v. Mott, 68 N. Y. 246 ;…
2Cases cited18 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Shriver v. . ShriverNew York Court of Appeals · 1881
- Heller v. . CohenNew York Court of Appeals · 1897
- Mott v. . MottNew York Court of Appeals · 1877
13 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bailey v. MartzIndiana Court of Appeals · 1986
- Mullins v. FranzAppellate Division of the Supreme Court of the State of New York · 1914
- Cerf v. . DienerNew York Court of Appeals · 1914
- Danner v. MurnanSouth Dakota Supreme Court · 1920
- Hilliker v. . RuegerNew York Court of Appeals · 1916
7 more not listed; retrieve them via the Exa API.