Ray v. Adams
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Paterson General Hospital Association and others, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 22d day of August, 1899, granting a motion made by the purchaser relieving him from a purchase of premises at a foreclosure sale in this action.
1Opinion of the Court
Rumsey, J.:
A judgment of foreclosure and sale was entered in this action and the premises were advertised for sale on the 26th day of April, 1899, and were bid off by Henry Waters, the respondent here, who, at the time, paid to the referee ten per cent of the purchase' money and certain fees, amounting in all to $1,819.50, the purchase price of the premises being $18,025. When the time came for closing the sale, he refused to take the title, having discovered, as he says, that the premises were subject to the covenant against nuisances,, as it was called, of which he was ignorant at the time,…
2Cases cited5 opinions
- Riggs v. . PursellNew York Court of Appeals · 1876
- Riggs v. . PursellNew York Court of Appeals · 1878
- Wetmore v. . BruceNew York Court of Appeals · 1890
- Kountze v. . HelmuthNew York Court of Appeals · 1893
- Anthon v. BachelorNew York Supreme Court · 1889
3Cited by3 opinions
- Dieterlen v. MillerAppellate Division of the Supreme Court of the State of New York · 1906
- Conlen v. RizerAppellate Division of the Supreme Court of the State of New York · 1905
- Noethinger v. JeffriesNew York Supreme Court · 1919