Delaplaine v. Lawrence
New York Court of Chancery
This was an application to dismiss the appeal of J. F. Delaplaine, one of the purchasers of a part of the real estate of the late J. Lawrence deceased, from an order or decree of the late surrogate of New-York vacating the sale made by the administrator.
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This was an application to dismiss the appeal of J. F. Delaplaine, one of the purchasers of a part of the real estate of the late J. Lawrence deceased, from an order or decree of the late surrogate of New-York vacating the sale made by the administrator. By a previous order of the surrogate, it appeared that the decedent’s debts exceeded $400,000 and the administrator was directed to sell his real estate, consisting of a great number of lots in the city of New-York, for the payment of such debts. The administrator thereupon advertised the property for sale at public auction, and sold the…
1Opinion of the Court
The Chancellor.
The neglect of the appellant to procure the transcript within the time prescribed in the 118th rule is satisfactorily explained, and was not owing to any fault on his part. The only question necessary to be considered, upon this application, therefore, is whether a purchaser who has bid off property at an administrator’s sale, and has complied with the terms of the sale on his part, can appeal to the chancellor from an erroneous decision of *604the surrogate setting aside such sale. I say an erroneous decision ; for, upon this application, this court must assupae that the appellant…
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