King v. Bardeau
New York Court of Chancery
PETITION of John Whitehead, a purchaser at the master’s sale, under a decree in this cause, on the foreclosure of a mortgage. The mortgaged premises, which were sold under an order of the 6 th of June, 1821, pursuant to public advertisement and notice, consisted of two lots, No. 42 and No. 43, on Broome-street, each 25 feet wide, in front and rear, No. 42, being 100 feet deep, and the other 75 feet deep.
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PETITION of John Whitehead, a purchaser at the master’s sale, under a decree in this cause, on the foreclosure of a mortgage. The mortgaged premises, which were sold under an order of the 6 th of June, 1821, pursuant to public advertisement and notice, consisted of two lots, No. 42 and No. 43, on Broome-street, each 25 feet wide, in front and rear, No. 42, being 100 feet deep, and the other 75 feet deep. There were two buildings on lot No. 42, one in front and the other in the rear, which projected on lot 43, about 20 inches. The petitioner stated, that his object in making the purchase, was…
1Opinion of the Court
The Chancellor.
This sale was marked by good faith. It was unknown to the plaintiff, and to the master, at the sale, as well as to the purchaser, that the front building on lot 42, projected over upon lot 43. The observation that was made to the master, a few days before the *41Sale, that the building in the rear of the lot encroached in a very small degree on the neighbouring ground, was too light and trivial a circumstance to affect the bonafides of the transaction. The purchaser was informed at the sale, and it was one of the terms of sale repeatedly read over, and publicly proclaimed, that…
2Cited by11 opinions
- Beal v. ChaseMichigan Supreme Court · 1875
- Clinton v. ShugartSupreme Court of Iowa · 1904
- Van Blarcom v. HopkinsNew Jersey Court of Chancery · 1902
- Aspinwall v. BalchNew York Court of Common Pleas · 1877
- Merges v. RinglerNew York Supreme Court · 1898
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