Harrigan v. Golden
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary Harrigan, and by the defendants, Annie Graham and Ellen Harrigan, from an order of the Supreme Court, made at the Kings County Special Teym and entered in the office of the clerk of the county of Kings on the 19th day of April, 1899, denying the plaintiff’s motion for an order requiring George Calieron, a purchaser of part of the premises sold at a partition sale had in the above-entitled action, to complete his purchase.
1Opinion of the Court
Woodward, J.:
We are of opinion that the order appealed from should be affirmed. It is clear that the weight of authority is in favor of the proposition that a purchaser at a judicial sale gains no title, either legal or equitable, until the date fixed for the transfer of the deed. (Cheney v. Woodruff, 45 N. Y. 98; Robbins v. Arendt, 4 Misc. Rep. 196; Mitchell v. Bartlett, 51 N. Y. 441.)
In the matter now before us, the purchaser signed a memorandum, paying ten per cent of the purchase price, in which he agreed to pay the remainder, or $3,285, on the 9th of March, 1899, that date being fixed as…
2Cases cited5 opinions
- Riggs v. . PursellNew York Court of Appeals · 1876
- Cheney v. . WoodruffNew York Court of Appeals · 1871
- Groat v. . GileNew York Court of Appeals · 1873
- Goldman v. . RosenbergNew York Court of Appeals · 1889
- Robbins v. ArendtNew York Court of Common Pleas · 1893
3Cited by3 opinions
- In re BraicoAppellate Division of the Supreme Court of the State of New York · 1932
- Ryder v. WallNew York Supreme Court · 1899
- Szatkus v. SchaubNew York Supreme Court · 1931