Holden v. Sackett
The Superior Court of New York City
Motion to compel purchaser, on foreclosure and sale of leasehold premises, to take the deed and pay the balance of the purchase-money, or submit to a resale at his risk and for his account. The facts appear in the opinion.
1Opinion of the CourtWoodruff, J.
—The purchaser expresses his entire willingness to take the property sold, and to pay therefor according to the terms of his purchase, if he can thereby acquire a valid title.
On this question I think his apprehensions are without just foundation.
The sale has been made by virtue of a judgment of this court —a court having full jurisdiction of the parties and of the subject-matter. That judgment, on appeal to the Court of Appeals, has been affirmed.
It is suggested on behalf of the purchaser,—1. That a motion has been made in this court to set aside that judgment, and from the denial of the…
2Cases cited2 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Blakeley v. . CalderNew York Court of Appeals · 1857
3Cited by5 opinions
- Poweshiek County v. DennisonSupreme Court of Iowa · 1873
- Dorff v. BornsteinNew York Court of Appeals · 1938
- Hening v. PunnettNew York Court of Common Pleas · 1873
- McMurray v. McMurrayNew York Supreme Court · 1870
- Livingston v. BauchhensAppellate Division of the Supreme Court of the State of New York · 1938