Barnard v. Heydrick
New York Supreme Court
Motion to discharge purchaser at a judicial sale. The action was brought by Oyprian S. Barnard, Jr., against Jesse A. Heydrick and others, for the foreclosure of a mortgage ; and, after the judgment and sale, the purchaser objected to various alleged irregularities in the proceedings, and now moved to be discharged from his purchase. The facts are stated in the opinion.
1Opinion of the CourtLott, J.
This is an application on behalf of a purchaser of mortgaged premises, sold under a judgment of foreclosure and sale, to be discharged from his purchase, on the following grounds:
“ I. That the summons is not subscribed by the plaintiff qt Ms attorney.
“ H. That the affidavit on which the order of publication was granted is insufficient, and—
*49“ HI. That no copy of the order appointing a guardian acl litem, of the non-resident infant defendant was served, according to the terms of the order.”
These grounds will be examined in the order they are above stated.
I. The first objection is based on the…
2Cases cited8 opinions
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- Jackson v. Van DusenNew York Supreme Court · 1809
- Butler v. BensonNew York Supreme Court · 1847
- Robins v. CoryellNew York Supreme Court · 1858
- Meehan v. RourkeNew York Surrogate's Court · 1853
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3Cited by13 opinions
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- Scott v. SeaverWisconsin Supreme Court · 1881
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