Legal Opinion
Raynor v. . Selmes
New York Court of Appeals
Decided May 6, 1873PublishedCited by 6 opinions
1Opinion of the Court
On a sale of lands under the order of the court, if the title proves defective the innocent bidder must be repaid his proper expenses. These include the deposit or percentage paid by him on the sale, the expenses of investigating the title, and the costs of the motion for repayment, if he is put to a motion.
It is said in the authorities that he will be repaid out of the funds in the cause (Reynolds v. Blake, 2 Sim. Stu., 117;Attorney-General v. Newark, 8 Sim., 71); that if there are no funds of the cause in court the plaintiff will, in a common case, be ordered to pay the purchaser in the…
2Cases cited4 opinions
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
- Vroom v. DitmasNew York Court of Chancery · 1834
- Morris v. MowattNew York Court of Chancery · 1831
- Grant v. SchoonhovenNew York Court of Chancery · 1841
3Cited by6 opinions
- Ridley v. WalterAppellate Division of the Supreme Court of the State of New York · 1912
- Blankman v. Nino's Continental, Inc.New York Supreme Court · 1960
- Builders Mortgage Co. v. BerkowitzNew York Supreme Court · 1910
- Builders Mortgage Co. v. BerkowitzAppellate Division of the Supreme Court of the State of New York · 1910
- Boser v. MossAppellate Division of the Supreme Court of the State of New York · 1936
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