Judson v. O'Connell
New York Supreme Court
Appeal from Monroe county court. Action by Junius Judson against Mary A. O’Connell, individually and as executrix of the will of Ann Buckley, and others. The court refused to order a resale of the premises, and defendants appeal.
1Opinion of the CourtCorlett, J.
In 1887 an action w'as commenced in the Monroe county court to foreclose a mortgage covering premises in the city of Rochester, Such proceedings were had that in Yovember, 1887, judgment was obtained, and ■the mortgaged premises were directed to be sold by George H. Humphrey, as referee. He advertised the premises for sale, and on the 27th day of December, 1889, they were sold and bid off by one Samuel D. Purdy for $4,000, subject to a mortgage upon which there was unpaid $2,400, and also subject to taxes. It was discovered by the purchaser immediately after his bid that there was a mortgage…
2Cases cited5 opinions
- Buffalo Savings Bank v. . NewtonNew York Court of Appeals · 1861
- Townsend v. TolhurstNew York Supreme Court · 1890
- Thomas v. KeelerNew York Supreme Court · 1889
- Kingsland v. BartlettNew York Supreme Court · 1858
- Wollung v. AikenNew York Supreme Court · 1889
3Cited by2 opinions
- Keller v. FeldmannNew York Court of Common Pleas · 1893
- Keller v. FeldmanNew York Court of Common Pleas · 1893