Willets v. Van Alst
New York Supreme Court
Judgment of foreclosure and sale, in the usual form, having been entered, the premises were sold by Samuel Johnson, referee, on the 11th of March, 1853, at public auction, to John Thursby and others, for $30,050, and the 10 per cent, was deposited, by Thursby, to whom the other purchasers assigned their interest in the bid. At the sale the usual printed terms of sale were used, and the purchasers signed at the foot thereof the usual promise to complete.
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Judgment of foreclosure and sale, in the usual form, having been entered, the premises were sold by Samuel Johnson, referee, on the 11th of March, 1853, at public auction, to John Thursby and others, for $30,050, and the 10 per cent, was deposited, by Thursby, to whom the other purchasers assigned their interest in the bid. At the sale the usual printed terms of sale were used, and the purchasers signed at the foot thereof the usual promise to complete. The referee did not subscribe any contract of sale, or make any report or deed. On the 23d of April, 1853. John Thursby died, and his widow,…
1Opinion of the Court
Scrugham J.
One of the questions on this motion is as to the application of the money which was paid to the referee on the first "sale of the mortgaged premises made pursuant to the judgment in this action.
The counsel for those who now represent the bidders claim that the sum deposited on the sale should be returned to them on the ground that the sale was void, because no contract in writing, or note, or memorandum thereof expressing the consideration was signed by the referee.
This brings up the question whether a sale by a referee under and in pursuance of a judgment of the court, rendered in…
2Cases cited2 opinions
- Requa v. ReaNew York Court of Chancery · 1831
- Simonds v. CatlinNew York Supreme Court · 1804
3Cited by5 opinions
- Andrews v. . O'MahoneyNew York Court of Appeals · 1889
- In re DavisNew York Court of Common Pleas · 1877
- Crane v. RobinsonAppellate Terms of the Supreme Court of New York · 1896
- Belter v. LyonNew York Court of Common Pleas · 1886
- Wadsworth v. . LyonNew York Court of Appeals · 1883