Legal Opinion
Hale v. . Clauson
New York Court of Appeals
Decided April 6, 1875PublishedCited by 24 opinions
1Opinion of the Court
The Supreme Court has power to set aside and vacate a sale of lands made under a judgment upon a foreclosure of a mortgage, or pursuant to any order of the court by an officer thereof, and to order a resale, although there be no fraud, and the sale is in all respects regular.
An application for relief against a judicial sale is addressed to the discretion of the court of original jurisdiction, and no appeal lies, to this court, from an order made in the exercise of such discretion. (Hazleton v. Wakeman, 3 How. Pr., 357;Wakeman v. Price, 3 Comst., 334; Buffalo Savings Bank v.Reynolds, 33 N.Y.,…
2Cases cited4 opinions
- Cazet v. . HubbellNew York Court of Appeals · 1867
- May v. MayNew York Court of Chancery · 1844
- Bank of Geneva v. . ReynoldsNew York Court of Appeals · 1865
- Hazleton v. WakemanNew York Court of Appeals · 1848
3Cited by24 opinions
- Matter of Superintendent of BanksNew York Court of Appeals · 1912
- Mullins v. FranzAppellate Division of the Supreme Court of the State of New York · 1914
- Weeks v. . WeeksNew York Court of Appeals · 1887
- Emigrant Industrial Savings Bank v. Van BokkelenNew York Court of Appeals · 1935
- First National Bank v. PaulsonNorth Dakota Supreme Court · 1939
19 more not listed; retrieve them via the Exa API.