Grady v. Ward
New York Supreme Court
THIS was an appeal by Edward Cavanagh, the purchaser at a foreclosure sale, from an order made at a special term, di■recting him to complete his purchase. The mortgage foreclosed was executed, on the 19th of April, 1844, by John Power, sole surviving executor of Michael Smith deceased, in pursuance of an order made by the vice chancellor of the first circuit, on the 18th of April, 1844, upon the petition of said John Power.
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THIS was an appeal by Edward Cavanagh, the purchaser at a foreclosure sale, from an order made at a special term, di■recting him to complete his purchase. The mortgage foreclosed was executed, on the 19th of April, 1844, by John Power, sole surviving executor of Michael Smith deceased, in pursuance of an order made by the vice chancellor of the first circuit, on the 18th of April, 1844, upon the petition of said John Power. It was given to secure the payment of $1700 to the plaintiff. The other facts are set forth in the opinion below, delivered at special term, by. Roosevelt, J. “A motion is…
1Opinion of the Court
By the Court, Mitchell, P. J.
The purchaser in this case, objects that the title is not good. It may be that the order of the vice chancellor, authorizing the execution of the mortgage which was foreclosed, was void as against the devisees under the will, and yet the title would be good if those devisees would release. They are of age and consent to a release ; and as there has been no unreasonable delay in proving the release, and it was ready before the hearing at the special *547term, the purchaser is not excused from taking the title. (Dutch Church in Garden street v. Mott, 7 Paige, 85.) The…
2Cases cited1 opinion
- Bates v. LyonsNew York Court of Chancery · 1838
3Cited by6 opinions
- People v. Open Board of Stock Brokers Building Co.New York Court of Appeals · 1883
- Wieland v. RennerNew York Supreme Court · 1883
- Grillenberger v. SpencerNew York Supreme Court, Onondaga County · 1894
- Grillenberger v. SpencerNew York Supreme Court · 1894
- McDermot v. McDermotNew York Supreme Court · 1868
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