Williams v. Colwell
Appellate Division of the Supreme Court of the State of New York
Appeal by Ernest O. Hazard, the purchaser at a foreclosure sale, from an order of the Supreme Court, made at the Fide Special Term and entered in the office of the clerk of the county of Erie on the llth day of ¡November, 1896, directing him to complete his purchase.
1Opinion of the Court
Laughlin, J.:
On the sale of the premises described in the complaint-by a referee duly appointed for that purpose in the judgment of foreclosure and sale, one Ernest C. Hazard purchased the same for the sum of-$1,000 subject to certain incumbrances. The referee’s deed, duly executed, was tendered to Hazard. He declined to complete the *27purchase upon the ground that the Daily Mercantile Review, in which the notice of sale was published, was not a newspaper within the intent and meaning of the provision of the Code of Civil Procedure with reference to publication of notices of sale of real estate…
2Cases cited9 opinions
- Kerr v. HittIllinois Supreme Court · 1874
- Kellogg v. CarricoSupreme Court of Missouri · 1870
- Hull v. KingSupreme Court of Minnesota · 1888
- Hernandez v. DrakeIllinois Supreme Court · 1875
- Benkendorf v. VincenzSupreme Court of Missouri · 1873
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3Cited by5 opinions
- Le Massena v. StormAppellate Division of the Supreme Court of the State of New York · 1901
- Culclasure v. Consolidated Bond & Mortgage Co.Supreme Court of Florida · 1927
- Olsen v. Bibb Co.Supreme Court of Minnesota · 1912
- Hermenet v. WykleNew York Supreme Court · 1970
- Deutsch v. McGurrinNew York Supreme Court · 1963