Wollung v. Aiken
New York Supreme Court
Appeal from an order of the Brie county court made in a foreclosure action originally commenced in that court. The order denied a motion made in behalf of the defendants, Aiken'and Darrowman, to set aside a sale of the premises under the judgment.
1Opinion of the CourtBarker, P. J.
We discover no error or irregularity on the part of the plaintiff in the proceedings subsequent to the entry of judgment. The premises were purchased by the defendant Mrs. Aiken, on her bid of $1,900, which is about one-half of their market value. She is the beneficiary named in the trust-deed referred to in the affidavits. The defendant Aiken, the husband of the purchaser, does not live and cohabit with his wife, and he intended to be present at the sale, and bid for the same their full market value, but he was misled as to the place of the sale as he states in his affidavit, and failed to…
2Cases cited4 opinions
- Thurber & Stevenson v. Townsend & WilburNew York Court of Appeals · 1860
- Reilley v. . President, Etc., of D. H.C. Co.New York Court of Appeals · 1886
- Wavel v. . WilesNew York Court of Appeals · 1862
- Tanner v. MarshNew York Supreme Court · 1867
3Cited by2 opinions
- Judson v. O'ConnellNew York Supreme Court · 1891
- Seiffert v. CaverlyNew York Supreme Court · 1892