Seitz v. Messerschmitt
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Anna Seitz, from an order of the Supreme Court, made at the ¡New York Special Term and entered in the. office of the clerk of the county of ¡New York on the 19th. day of September, 1906, granting a motion made by Magdalena Messerschmitt to be relieved from her purchase made at a sale pursuant to an interlocutory judgment in partition, upon the ground that the title to the premises in question is unmarketable.
1Dissent
Laughlin, J. (dissenting):
The premises in question are known as Nos. 657 and 659 East One Hundred and Fifty-first street, borough of The Bronx, city of New York, and consist of a parcel fifty feet in width by one hundred and fourteen feet in depth, on the northerly side of the street, commencing twenty feet easterly from Melrose avenue. In 1860 the easterly twenty-five feet were owned in fee simple absolute by William Bower, who on the twenty-first day of March, that year, duly mortgaged the. same, his wife joining in the mortgage. The mortgage by mesne assignments came tomne Herbert J.…
2Cases cited29 opinions
- Varick v. Smith & The Attorney GeneralNew York Court of Chancery · 1835
- Tillman v. . DavisNew York Court of Appeals · 1884
- Johnston v. . SpicerNew York Court of Appeals · 1887
- Greenblatt v. . HermannNew York Court of Appeals · 1894
- Cambrelleng v. . PurtonNew York Court of Appeals · 1891
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