Koepke v. Bradley
Appellate Division of the Supreme Court of the State of New York
Appeal by Louis Dreyer, a purchaser at a partition sale, from an order of the City Court of Brooklyn, made at a Special Term, thereof and entered in the office of the clerk of said court on the 18th day of April, 1895, denying his motion to be relieved from his purchase made at a sale under a judgment in an action for the partition of real estate.
1Opinion of the Court
Brown, P. J.:
The objection made by the appellant, that the title to the property was incumbered with a consent or release given to the Brooklyn Elevated Railroad Company, is answered by the decision of the General Term of this department in Webster v. The Kings County Trust Company (80 Hun, 420). It must be assumed that the sale was made subject to the open and visible easement of the railroad. The other objections made by the appellant to the title will be disposed of in considering the question whether a committee of a lunatic may maintain an action for the partition of real estate in his…
2Cases cited1 opinion
- Webster v. Kings County Trust Co.New York Supreme Court · 1894
3Cited by3 opinions
- Noethinger v. JeffriesNew York Supreme Court · 1919
- Haring v. MurphyNew York Supreme Court · 1908
- Dupignac v. QuickAppellate Terms of the Supreme Court of New York · 1899