Howell v. . Mills
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term denying motion of defendants for a re-sale, etc. This was an action for the partition and sale of lands in Orange county, N. Y., brought originally by George Walter Hurtin.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term denying motion of defendants for a re-sale, etc. This was an action for the partition and sale of lands in Orange county, N. Y., brought originally by George Walter Hurtin. The papers on this motion showed’the following facts.: William Hurtin died on the 4th day of November, 1858, the owner of and in possession of the premises in question, leaving a last will and testament, by which he devised the same to Alfred D. Hurtin during his natural life, remainder to the…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The grounds for setting aside judicial sales are more limited here than in England. Mere inadequacy of price, unattended by other circumstances, is not sufficient. A resale will be ordered when there has been fraud or misconduct in the purchaser, or of some person connected with the sale, or for surprise created by the purchaser or…
2Cases cited14 opinions
- Candee v. . LordNew York Court of Appeals · 1849
- People ex rel. Oebricks v. Superior CourtNew York Supreme Court · 1830
- Tripp v. CookNew York Supreme Court · 1841
- Collier v. WhippleCourt for the Trial of Impeachments and Correction of Errors · 1834
- The People v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1864
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3Cited by30 opinions
- Scientific Holding Company, Ltd. v. Plessey IncorporatedCourt of Appeals for the Second Circuit · 1974
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- Farr v. NewmanNew York Court of Appeals · 1964
- People Ex Rel. Gas-Light Co. v. . Common CouncilNew York Court of Appeals · 1879
- People v. Block, New York County Courts1972
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