Goebel v. . Iffla
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 28, 1888, which reversed an order of Special Term denying the plaintiff’s application and granted the application to compel Leo Schlesinger, the purchaser at a foreclosure sale therein to complete his purchase, and granted the application of said purchaser to be released from his purchase.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 28, 1888, which reversed an order of Special Term denying the plaintiff’s application and granted the application to compel Leo Schlesinger, the purchaser at a foreclosure sale therein to complete his purchase, and granted the application of said purchaser to be released from his purchase. (Reported below, 48 Hun, 21.) Martin Fichen, senior, devised his real estate to Sophia, his wife, in trust for the enjoyment of herself and his children during her fife, remainder to his children, but in…
1Opinion of the CourtDanforth, J.
The application for leave to mortgage is put by the respondent upon the provisions of chapter 275'of the Laws of 1882, and chapter 26 of the Laws of 1884, amending article 2, title 2, part 2, of the Revised Statutes, “ Relating to uses and Trusts.” That act provides that the Supreme Oouzt may, upon such terms and conditions as it deems just and proper, authorize a trustee to mortgage real estate held by him for the purpose of raising funds to be applied in preserving or improving it. It may be, as the appellant claims,' that the order, in this case, exceeds that intended by the legislature,…
2Cases cited3 opinions
- Gates v. . PrestonNew York Court of Appeals · 1869
- Jordan v. . Van EppsNew York Court of Appeals · 1881
- Frost v. . KoonNew York Court of Appeals · 1864
3Cited by41 opinions
- Pace v. PerkAppellate Division of the Supreme Court of the State of New York · 1981
- Tax Lien Co. v. . SchultzeNew York Court of Appeals · 1914
- Van Valkenburgh v. LutzNew York Court of Appeals · 1952
- Beronio v. Ventura County Lumber Co.California Supreme Court · 1900
- Arlington Heights Realty Co. v. Citizens' Ry. & Light Co.Court of Appeals of Texas · 1913
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