Kingsland v. Fuller
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Cornelius F. Kingsland, as sole surviving trustee of Albert A. Ilingslancl, under the last will and testament of Ambrose 0. Kingsland, deceased, 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 3d day of May, 1898, denying his motion to compel Albert J. Gr. Riemann to complete his purchase of premises sold under a judgment of foreclosure.
1Opinion of the Court
Order affirmed,'with ten dollars costs and disbursements, on opinion of ¡Daly, J., in court below.
Present — Van Brunt, P. J., Patterson, O’Brien, Ingraham and McLaughlin, JJ.
The following is the opinion of Daly, J.:
Daly, J.:
This is a motion to compel the purchaser at a foreclosure sale to complete his purchase. The property sold was subject to a very onerous incumbrance, of which no notice was given at the sale, as it should have been. (Code, § 1678.) The beams of the building sold rested in the wall of the premises to the west, by virtue of an agreement which, after granting that easement,…
2Cases cited1 opinion
- Riggs v. . PursellNew York Court of Appeals · 1876
3Cited by1 opinion
- Commercial Bank v. FoltzAppellate Division of the Supreme Court of the State of New York · 1898