Legal Opinion

Rogers v. McLean

New York Court of Appeals

Decided June 15, 1866PublishedCited by 2 opinions

This action was commenced for the purpose of effecting a • partition and sale of a certain house and lot, whereof Samuel S. Engle died seized, situated in the city of New York. At the sale of said premises, pursuant to the judgment of the supreme court, they were struck off to the petitioner, Joseph Richardson, for the sum of eighty thousand two hundred and fifty dollars ($80,250), he being the highest bidder therefor.

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This action was commenced for the purpose of effecting a • partition and sale of a certain house and lot, whereof Samuel S. Engle died seized, situated in the city of New York. At the sale of said premises, pursuant to the judgment of the supreme court, they were struck off to the petitioner, Joseph Richardson, for the sum of eighty thousand two hundred and fifty dollars ($80,250), he being the highest bidder therefor. The said purchaser objected to the completion of his purchase on various grounds, and declined to complete the same. Subsequently, he presented his petition to the supreme…

1Opinion of the Court

Davies, Ch. J.

In consideration of this appeal, we are to

assume that these amendments have been made, as directed by the order of the general term, and to regard the proceedings in determining their legal effect as amended accordingly.

The main objection to the title, as urged in the supreme *281court and insisted on here, is that Samuel Mitchell, who was seized of one undivided twentieth part of said premises, had not been made a party properly to said partition suit; and that, therefore, the purchaser at said sale, had not acquired his interest therein. The notice of the pendency of the action…

2Cases cited2 opinions

  1. Croghan v. . LivingstonNew York Court of Appeals · 1858
  2. Croghan v. LivingstonNew York Supreme Court · 1857

3Cited by2 opinions

  1. Barnard v. HeydrickNew York Supreme Court · 1866
  2. Smart v. HaringNew York Supreme Court · 1878

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