Fisher v. . Hersey
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing an order of Special Term, which granted a motion to set aside a sale under the decree herein, unless defendants stipulate that plaintiffs' bid be reduced to $30,000 and pay certain costs and fees, in which case motion was denied. The order of General Term set aside the sale absolutely.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing an order of Special Term, which granted a motion to set aside a sale under the decree herein, unless defendants stipulate that plaintiffs' bid be reduced to $30,000 and pay certain costs and fees, in which case motion was denied. The order of General Term set aside the sale absolutely. (Reported below, 17 Hun, 370.) The action was for partition, and the decree directed a sale of 'the premises. The facts appearing on the motion are sufficiently stated in the opinion. The evidence did not…
1Opinion of the CourtRapallo, J.
Courts of equity exercise a supervision of sales made under their decrees, which is not in all cases controlled by legal rules, but may be guided by considerations resting in discretion. They may set aside their own judicial sales, upon grounds insufficient to confer upon the objecting party an absolute legal right to a re-sale. They may relieve against mere mistakes, accidents or hardships, or oppressive or unfair conduct of other's, though such conduct may not amount to a violation of law; and where fraud is alleged they may order a re-sale upon facts casting such a degree of suspicion upon…
2Cited by41 opinions
- Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
- Polish National Alliance of Brooklyn, U.S.A. v. White Eagle Hall Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Gelfert v. National City Bank of NYSupreme Court of the United States · 1941
- In Re WardUnited States Bankruptcy Court, E.D. New York · 2010
- Emigrant Industrial Savings Bank v. Van BokkelenNew York Court of Appeals · 1935
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