Downes v. . Wenninger
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 4, 1912, which modified and affirmed as modified an order of Special Term granting a motion to compel the appellant herein to complete his purchase. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 4, 1912, which modified and affirmed as modified an order of Special Term granting a motion to compel the appellant herein to complete his purchase. The facts, so far as material, are stated in the opinion. A purchaser at a judicial sale will not be compelled to take a doubtful title, and where defects exist that require further or other action to cure them, he should be relieved from his contract. (2 Bouvier’s Law Dict. 732; Crouter v. Crouter, 133 N. Y. 55; Jordan v. Poillon,…
1Opinion of the CourtWillard Bartlett, J.
The appellant was the purchaser at a mortgage foreclosure sale. On the adjourned day fixed for the closing of the title he objected to the title on several grounds, only two of which it is necessary to consider on this appeal.
The first objection was that the description of the property set forth in the mortgage, complaint and judgment could not be identified or reconciled with the description contained in the deed to the mortgagor. An examination of the description shows that there is no difficulty in ascertaining the boundaries of the property upon three sides thereof; but there is an…
2Cases cited3 opinions
- Brookman v. . KurzmanNew York Court of Appeals · 1883
- Kopp v. KoppNew York Supreme Court · 1888
- Bullard v. BicknellAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- West 72nd Street Realty Corp. v. Yeshiva Chofetz Chaim of Radun Rabbinical Institute, Inc.New York Supreme Court · 1954
- Clark v. Riverhead Savings BankAppellate Division of the Supreme Court of the State of New York · 1940
- Equitable Life Assurance Society of United States v. Hochstein, New York County Courts1964