In re John's Estate
New York Surrogate's Court
The lands of Evan John, deceased, were sold under a decree for the payment of his debts. The purchaser moves to be relieved from the sale.
1Opinion of the Court
Bansom, S.
This is an application to be relieved from the sale made in a real-estate proceeding, and for the return o* the purchase money paid, the *173auctioneer’s fees, and the expenses incurred in the examination of the title. The point relied upon by the purchaser as the ground for this application is the omission to set forth in the petition and to cite the heirs at law of the deceased. Section 2752 of the Code of Civil Procedure requires the petition to state the names of the heirs and devisees of the deceased, and also every other person claiming under them, or either of them. Section 2754…
2Cases cited4 opinions
- Stilwell v. . SwarthoutNew York Court of Appeals · 1880
- Ackley v. DygertNew York Supreme Court · 1860
- In Matter of Application, Etc., of DolanNew York Court of Appeals · 1882
- Dennis v. JonesNew York Surrogate's Court · 1882
3Cited by1 opinion
- In re the Bridgeport Brass Co.New York Surrogate's Court · 1912