Matter of Valentine
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 an application on the part of Jacob Haff, purchaser, that Curtis S. Smith, committee of said lunatic, amend proceedings for the sale of the lunatic’s real estate, or institute proceedings anew for the purpose of perfecting title, or refund to the applicant the moneys paid for said real estate.
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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 an application on the part of Jacob Haff, purchaser, that Curtis S. Smith, committee of said lunatic, amend proceedings for the sale of the lunatic’s real estate, or institute proceedings anew for the purpose of perfecting title, or refund to the applicant the moneys paid for said real estate. (Reported below, 10 Hun, 85.) On the sixth day of August, 1873, the said committee presented a petition to the Supreme Court, in which he stated that the only real…
1Opinion of the Court
Church, Ch., J.
We must, I think, assume that the proceedings which resulted in an order to sell and convey the real estate of the lunatic were under the provisions of the Revised Statutes (2 R. S., p. 54), and not under the act of 1864, chapter 417, for the reason that the order recites the necessity for a sale to be only for the support of the family of the lunatic, and we must presume that the court made the order for that purpose, and disregarded other grounds stated in the petition. The act of 1864 does not authorize a sale for that purpose, but only for the support and education of the…
2Cases cited1 opinion
- Battell v. . TorreyNew York Court of Appeals · 1875
3Cited by10 opinions
- O'Donoghue v. . BoiesNew York Court of Appeals · 1899
- Warren v. . Union Bank of RochesterNew York Court of Appeals · 1898
- Ellwood v. . NorthrupNew York Court of Appeals · 1887
- Golden v. Fifth Judicial District CourtNevada Supreme Court · 1909
- Matter of BenedictNew York Court of Appeals · 1925
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