Timmermann v. . Cohn
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 20,1911, which affirmed an order of Special Term denying a motion by the purchaser at a foreclosure sale to be relieved from her bid upon the sale and to recover the purchase money she had paid.
1Opinion of the CourtHaight, J.
The action was brought by the plaintiff to foreclose a mortgage given by one Isidor Cohn to secure a part of the purchase money of lands owned by John E. Batterman in his lifetime, which had been conveyed to him by the executors of the decedent. Upon the sale under the foreclosure judgment the lands were bid in by Frances G-lanckopf, who subsequently moved to he relieved from the sale upon the ground that the title was not marketable. The lands in question are located in Brooklyn and are a part of the block included between Varet street on the north, Ewen street (now Manhattan avenue) on the…
2Cases cited1 opinion
- Heller v. . CohenNew York Court of Appeals · 1897
3Cited by3 opinions
- Belotti v. . BickhardtNew York Court of Appeals · 1920
- Scheidt v. Supreme Woodworking Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Berke v. LangNew York Supreme Court · 1952