Sproule v. Davies
Appellate Division of the Supreme Court of the State of New York
■ Appeal by Henry Jacobs, the assignee of the purchaser at a judicial sale, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk'of the county of Kings on the 81st day. of October, 1901, denying his motion to be relieved from the purchase.
1Opinion of the Court
Goodrich, P. J.:
In an action for the foreclosure of a mortgage of real estate in the county of Kings, the court, in the final judgment, appointed a referee to sell the premises. The referee sold the premises to a purchaser who assigned his bid to Henry Jacobs, the appellant in this proceeding. The appellant refused to complete the sale on the *503ground that it had been conducted by a referee who had been appointed by the court without the consent of any of the parties to the action, including four infant defendants, and made a motion at Special Term to be relieved from the purchase and to direct…
2Cases cited5 opinions
- Shriver v. . ShriverNew York Court of Appeals · 1881
- Knickerbacker v. De FreestNew York Court of Chancery · 1830
- Woodhull v. . LittleNew York Court of Appeals · 1886
- Reed v. . ReedNew York Court of Appeals · 1887
- Christ v. ChetwoodCity of New York Municipal Court · 1892
3Cited by2 opinions
- Bose v. WehrliNew York Supreme Court · 1945
- Bogartz v. AstorNew York Supreme Court · 1943