Rogers v. McLean
New York Supreme Court
Petition to be discharged from a purchase of lands at a sale under a judgment in a partition action. This action was for a partition of lands.
Read the full summary
Petition to be discharged from a purchase of lands at a sale under a judgment in a partition action. This action was for a partition of lands. Upon the sale of the premises under judgment in the action, one Joseph Richardson became the purchaser at the price of $80,250, and paid the ten per cent, of the purchase-money, and signed the usual purchaser’s agreement at the foot of the “ terms of sale,” agreeing to pay the residue of the purchase-money, and take the title at a time specified in the agreement. He now applied, on petition, to be released and discharged from his contract, and that he…
1Opinion of the CourtAllen, J.
—The court has jurisdiction, and will interfere in a summary manner, at the instance of third persons, to- protect them against an abuse of power sought to be exercised by an officer of the court, under pretence of an authority derived from it. (In re. Merritt, 5 Paige, 125 ; Merritt a. Lyon, 16 Wend., 405.) And a petition is the proper mode for seeking relief from a contract, entered into upon the faith of a judgment of the court, when the party will not acquire under the judgment a perfect title to that for which he contracts. (Darwin a. Hatfield, Selden's Notes, 1852, 36.) Indeed, no…
2Cases cited8 opinions
- Cuyler v. MorelandNew York Court of Chancery · 1837
- Campbell v. TouseyNew York Supreme Court · 1827
- Robinson v. ClandallNew York Supreme Court · 1832
- Merritt & Dyckman v. LyonCourt for the Trial of Impeachments and Correction of Errors · 1836
- Spring v. SandfordNew York Court of Chancery · 1839
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Cincinnati v. Cincinnati Street Railway Co.Ohio Circuit Courts · 1896