Merges v. Ringler
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Emma Merges against Mary Ringler and others, and! by Jacob F. Oppermann, by J. Aspinwall Hodge, Jr., his guardian ad litem, against Phillipine Oppermann and others, for partition and incidental relief. Under a. decree of partition, the premises were sold to Robert J. King, Jr., who moved to be relieved from his purchase.
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Appeal from special term, New York county. Action by Emma Merges against Mary Ringler and others, and! by Jacob F. Oppermann, by J. Aspinwall Hodge, Jr., his guardian ad litem, against Phillipine Oppermann and others, for partition and incidental relief. Under a. decree of partition, the premises were sold to Robert J. King, Jr., who moved to be relieved from his purchase. From an order of the special term (53 N. Y. Supp. 674) denying the motion, but giving leave to apply for an abatement of a portion of the price, King appeals.
1Opinion of the CourtIngraham, J.
A purchaser at a sale made under a judicial decree is entitled to all property and title which the referee undertook to sell, and which he rightfully supposed he was to receive, but—
“A purchaser upon such a sale will not be relieved on account of defects in-the property, or the title thereto, of which he had notice, and in reference to which he made his bid; and the court will not permit him to abandon his-contract without seeing that the object of the purchase is defeated, and that he would be injured by the enforcement of the contract. If every minute and critical objection to a judicial…
2Cases cited3 opinions
- Riggs v. . PursellNew York Court of Appeals · 1876
- Spero v. ShultzAppellate Division of the Supreme Court of the State of New York · 1897
- German-American Real Estate Title Guarantee Co. v. MeyersAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by5 opinions
- Harrison v. PlattAppellate Division of the Supreme Court of the State of New York · 1898
- Heim v. SchwoererAppellate Division of the Supreme Court of the State of New York · 1906
- Horn v. StuyvesantNew York Supreme Court · 1906
- Rego Crescent Corp. v. Flagship Air Service Transfer, Inc. (In re Rego Crescent Corp.)District Court, E.D. New York · 1983
- Uebelacker v. UebelackerNew York Supreme Court · 1908