Graham v. Bleakie
New York Court of Common Pleas
Appeal from an. order directing a purchaser at a foreclosure sale to complete the purchase, and from an order directing that an attachment for contempt issue against him for refusal to obey, bailable in the sum of ten thousand dollars. This action was brought for the foreclosure of a mortgage in which a judgment of sale was rendered for the plaintiff,, from which the defendant Bleakie appealed, without, however,, giving the undertaking, required by law, to stay proceedings.
Read the full summary
Appeal from an. order directing a purchaser at a foreclosure sale to complete the purchase, and from an order directing that an attachment for contempt issue against him for refusal to obey, bailable in the sum of ten thousand dollars. This action was brought for the foreclosure of a mortgage in which a judgment of sale was rendered for the plaintiff,, from which the defendant Bleakie appealed, without, however,, giving the undertaking, required by law, to stay proceedings. The mortgaged premises were sold at auction to George J. Oarey, as the highest bidder, who thereupon signed the terms,…
1Opinion of the Court
By the Court.—-Daly, F. J.
If the refusal of Carey to complete the purchase was upon the ground that the title was doubtful, he could, according to the established practice of courts of equity, have applied to the court for an order of reference to ascertain if a title could be made; .and if, upon the coming in of the refere'e’s report, it appears that there is a defect in the title which cannot be remedied, or that there is a well founded doubt as to its validity, the court will not compel him to complete the purchase (1 Sugden on Vendors and Purchasers, 60, n. 1; Bannister v. Way, Dick, 686;…
2Cases cited5 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Suydam v. WilliamsonSupreme Court of the United States · 1861
- Blakeley v. . CalderNew York Court of Appeals · 1857
- Miller v. CollyerNew York Supreme Court · 1862
- Lorton v. SeamanNew York Court of Chancery · 1842
3Cited by7 opinions
- Fryer v. . RockefellerNew York Court of Appeals · 1875
- Mullen v. BromleyColorado Court of Appeals · 1912
- Rowley v. FeldmanAppellate Division of the Supreme Court of the State of New York · 1903
- Smith v. ValentineSupreme Court of Minnesota · 1873
- Miller v. BurkeNew York Court of Common Pleas · 1875
2 more not listed; retrieve them via the Exa API.