Legal Opinion

Wronkow v. Oakley

New York Court of Appeals

Decided June 15, 1892Published

Appeal to the Court of Appeals from an order of the General Term of the Supreme Court, First Department,, reversing an order of the Special Term denying the motion of a purchaser at a foreclosure sale to be relieved from his bid. The action for foreclosure was brought by Herman Wronkow against Hobart Oakley and others.

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Appeal to the Court of Appeals from an order of the General Term of the Supreme Court, First Department,, reversing an order of the Special Term denying the motion of a purchaser at a foreclosure sale to be relieved from his bid. The action for foreclosure was brought by Herman Wronkow against Hobart Oakley and others. Charles-Wolff, the purchaser at the foreclosure sale, moved to be relieved from his bid, on the ground that one Caecilie Bauer had an outstanding right of dower in the property in question and that certain judgment creditors of one Moritz Bauer, a former owner of the property,…

1Opinion of the CourtPeckham, J.

In relation to the questions arising upon this application of the purchaser Wolff, to be relieved from his bid at the judicial sale, on the ground that the interest of the wife of Bauer had not been duly conveyed by virtue of her power of attorney to her husband, we are of the opinion that the order of the General Term is erroneous, and for the reasons stated in the dissenting opinion of Mr. Justice ANDREWS, at the General Term.*

*413The limitation sought to be imposed upon such power of attorney, that it only authorized Mrs. Bauer’s, husband to sign his name to conveyances of lands belonging to…

2Cases cited7 opinions

  1. Knapp v. . SmithNew York Court of Appeals · 1863
  2. Carson v. MurrayNew York Court of Chancery · 1831
  3. Owen v. . CawleyNew York Court of Appeals · 1867
  4. Seymour v. . FellowsNew York Court of Appeals · 1879
  5. Elmendorf v. . LockwoodNew York Court of Appeals · 1874

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