Woodhull v. . Little
New York Court of Appeals
Appeal from order of the General Term of the City Court of Brooklyn, made February 6, 1886, which affirmed an order of the Special Term requiring William J. Rorthridge, the purchaser at a foreclosure sale herein, to complete his purchase. This he had refused to do, because of an alleged defect in the title, which is specified in the opinion. The regulations of the law were not complied with, and there are no statutes which cure the defect.
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Appeal from order of the General Term of the City Court of Brooklyn, made February 6, 1886, which affirmed an order of the Special Term requiring William J. Rorthridge, the purchaser at a foreclosure sale herein, to complete his purchase. This he had refused to do, because of an alleged defect in the title, which is specified in the opinion. The regulations of the law were not complied with, and there are no statutes which cure the defect. (Title 3, chap. 5, part 3, R. S.; Code, §§ 16, 78.) The omission in the referee’s advertisement of sale of a portion of the land to be sold did not vitiate…
1Opinion of the CourtFinch, J.
The alleged defect "upon which the purchaser relies to justify his rejection of the title offered arose in a partition sale which constituted one link in the chain of conveyances. Flo suggestion is made of any want of jurisdiction in the partition suit over all the parties interested in the land, and snch complete jurisdiction must be presumed. The irregularity which occurred was an omission from the referee’s advertisement of sale of the portion of the lands here in question. The judgment in the partition suit was rendered in 1876, and directed a sale of all the property by a referee…
2Cases cited1 opinion
- Blakeley v. . CalderNew York Court of Appeals · 1857
3Cited by11 opinions
- People Ex Rel. Reynolds v. . Common CouncilNew York Court of Appeals · 1893
- Kirk v. . KirkNew York Court of Appeals · 1893
- Long Island City Savings & Loan Ass'n v. SuggsNew York Supreme Court · 1974
- McCloskey v. ShortleNew Mexico Supreme Court · 1937
- Prior v. PriorNew York Supreme Court · 1888
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