Sproule v. . Davies
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 17, 1902, which affirmed an order of Special Term denying a motion to relieve an assignee of the purchaser at a foreclosure sale from taking title. The facts, so far as material, are stated in the opinion. The law requiring the sheriff to sell is constitutional and a sale made in violation thereof is “ unauthorized and void.”
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 17, 1902, which affirmed an order of Special Term denying a motion to relieve an assignee of the purchaser at a foreclosure sale from taking title. The facts, so far as material, are stated in the opinion. The law requiring the sheriff to sell is constitutional and a sale made in violation thereof is “ unauthorized and void.” (Kerrigan v. Force, 9 Hun, 185; 68 N. Y. 381; Matter of Vil. of Middletown, 82 N. Y. 199 ; People ex rel. v. Crissey, 91 N. Y. 640 ; Board of Supervisors…
1Opinion of the CourtCullen, J.
The application of the appellant is based bn an irregularity in the proceedings in that the judgment directed the sale to be made by a referee appointed by the court instead of by the sheriff of the county of Kings, as required by chapter 439, Laws of 1876, amended by chapter 167, Laws of 1889. The amended statute reads: “ All sales of real estate made in the county of Kings under judgment or decree of any- court, except sales in actions of partition, and where the sheriff of said county is a party, and excepting where all the parties to the suit, both those who do and those who do not…
2Cases cited3 opinions
- In the Matter of the Application of Henry W. CooperNew York Court of Appeals · 1860
- Kerrigan v. . ForceNew York Court of Appeals · 1877
- Knickerbacker v. EgglestonNew York Supreme Court · 1847
3Cited by7 opinions
- Parish v. . ParishNew York Court of Appeals · 1903
- Threadgill v. ColcordSupreme Court of Oklahoma · 1906
- Bose v. WehrliNew York Supreme Court · 1945
- Bogartz v. AstorNew York Supreme Court · 1943
- Oklahoma City Packing & Provision Co. v. PearsonSupreme Court of Oklahoma · 1923
2 more not listed; retrieve them via the Exa API.