Riggs v. . Pursell
New York Court of Appeals
Appeal by Michael Grosz and Frederick H. Grosz, purchasers at a foreclosure sale herein, from an order of the General Term of the Supreme Court in the first judicial department affirming an order of Special Term requiring them to complete their purchase. This action was brought to foreclose a mortgage executed by defendant, James Pursell, upon a leasehold interest in premises in the city of Hew York, at the south-easterly corner of Broadway and Twenty-second street.
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Appeal by Michael Grosz and Frederick H. Grosz, purchasers at a foreclosure sale herein, from an order of the General Term of the Supreme Court in the first judicial department affirming an order of Special Term requiring them to complete their purchase. This action was brought to foreclose a mortgage executed by defendant, James Pursell, upon a leasehold interest in premises in the city of Hew York, at the south-easterly corner of Broadway and Twenty-second street. The notice of sale and the terms of sale signed by the purchasers described the premises as leasehold premises, and referred to…
1DissentMiller, J.
The agreement between Kearney and Macomb and wife reserved a strip of land, seven feet and six inches in width, along the northerly side of the lots on Twenty-second street, “to remain and be enjoyed as a court-yard in front of any houses to be erected on said lots; ” and, at the time of the sale, a perpetual injunction had been granted by the Supreme Court restraining the defendants, in the action brought, from excavating or building upon the same, or using it otherwise than as a court-yard.
It is insisted that this is an incumbrance upon the premises which justified the purchasers in…
2Cases cited3 opinions
- Burwell v. . JacksonNew York Court of Appeals · 1854
- Banks v. WalkerNew York Court of Chancery · 1848
- Seaman v. HicksNew York Court of Chancery · 1841