Verdin v. . Slocum
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term denying a motion upon the part of Samuel M. Thompson, purchaser at a sale under the judgment herein to be relieved from his purchase. (Reported below, 9 Hun, 150.) This action was for the foreclosure of a mortgage upon certain premises in Rockland county. The facts appear sufficiently in the opinion.
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Appeal from an order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term denying a motion upon the part of Samuel M. Thompson, purchaser at a sale under the judgment herein to be relieved from his purchase. (Reported below, 9 Hun, 150.) This action was for the foreclosure of a mortgage upon certain premises in Rockland county. The facts appear sufficiently in the opinion. The General Term erred in holding that under the will the trustees held the entire legal estate. (Bruner v. Meigs, 64 N. Y., 507; Bennett v. Garlock, 10 Hun, 328; 4…
1Opinion of the CourtEarl, J.
The appellant Thompson, the purchaser, at a mortgage foreclosure sale, seeks to be released from his purchase upon the claim that the proceedings in the foreclosure action above entitled, are so defective as not to give him a good title. He insists upon several defects, but one of which it will be necessary to consider, and that is, that a judgment-creditor of William B. Slocum should have been made a party to the action. Hiram Slocum died seized of the mortgaged prem ises subject to the mortgage. He left a will in which, he devised his estate, including these premises, to his executors upon…
2Cases cited3 opinions
- Beekman v. . BonsorNew York Court of Appeals · 1861
- Parks v. ParksNew York Court of Chancery · 1841
- Jarvis v. BabcockNew York Supreme Court · 1849
3Cited by13 opinions
- Jorgensen v. Endicott Trust Co.Appellate Division of the Supreme Court of the State of New York · 1984
- Donovan v. . Van De MarkNew York Court of Appeals · 1879
- In re the Judicial Settlement of the Accounts of the of the Last Will & Testament of BaumannNew York Surrogate's Court · 1920
- Carpenter v. CookCalifornia Supreme Court · 1901
- Cutler v. WinberryAppellate Division of the Supreme Court of the State of New York · 1917
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