Shriver v. . Shriver
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made May 20, 1881, which modified an allowance for costs, but otherwise affirmed an order of Special Term, relieving John Livingston, a purchaser at a sale under the judgment in this action, from his purchase. The action was for partition of certain premises situate in the city of Hew York.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made May 20, 1881, which modified an allowance for costs, but otherwise affirmed an order of Special Term, relieving John Livingston, a purchaser at a sale under the judgment in this action, from his purchase. The action was for partition of certain premises situate in the city of Hew York. Livingston at the sale bid off two lots for the sum of $12,000 and paid the required percentage and the auctioneer’s fee and signed a memorandum of the purchase. He filed and served written objections to the title…
1Opinion of the Court
Folger, Ch. J.
Most of the objections to the title set up by the purchaser have been answered by the learned General Term. The one, that arises from the fact that Mellveen was not made a party to the foreclosure of the Douglass mortgage, is presented in this court differently from what it seems to have been at the General Term. It is needful that we consider it further. The appellants seek to avoid that objection, by the claim that the statute of limitations has run against any right of Mellveen or his assigns; This claim has two branches. First, it is insisted that that right is barred by the…
2Cases cited4 opinions
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Phyfe v. RileyNew York Supreme Court · 1836
- Watson & Polhemus v. SpenceNew York Supreme Court · 1838
- Quincy v. FootNew York Court of Chancery · 1846
3Cited by80 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Heller v. . CohenNew York Court of Appeals · 1897
- Townshend v. GoodfellowSupreme Court of Minnesota · 1889
- Burns v. HiattCalifornia Supreme Court · 1906
- McPherson v. . SchadeNew York Court of Appeals · 1896
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