Bowler v. Ennis
Appellate Division of the Supreme Court of the State of New York
Appeal hy the plaintiff, Margaret Bowler, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 19th day of July, 1899, denying her motion to compel one Philip Brandmeier, the purchaser herein, to complete a purchase of certain real estate from a referee appointed to sell the same.
1Opinion of the Court
Woodward, J. :
The order appealed from should be affirmed, as it is no part of the duty of the courts to compel a purchaser to accept an unmer*310charitable title, and it is not clear that the referee in the present instance is prepared' to convey the property free from doubt upon this point. This action was brought for partition, and was prosecuted to interlocutory judgment, the premises being sold to Philip Brandmeier, who made a small payment at the time of the purchase, and who now refuses to complete the same, Upon the grounds that the ■ summons in the action, which was .ordered to ’ be…
2Cases cited3 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Ricketson v. RichardsonCalifornia Supreme Court · 1864
- Stuyvesant v. WeilAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Rockefeller v. HeinNew York Supreme Court · 1941