Kingsland v. . Fuller
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 29, 1898, affirming an order of the Special Term denying a motion to compel the purchaser at a foreclosure sale to complete his purchase. The facts, so far as material, are stated in the opinion. The purchaser should be held to the single objection upon which he based his refusal to comply with his agreement.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 29, 1898, affirming an order of the Special Term denying a motion to compel the purchaser at a foreclosure sale to complete his purchase. The facts, so far as material, are stated in the opinion. The purchaser should be held to the single objection upon which he based his refusal to comply with his agreement. (Winne v. Reynolds, 6 Paige, 407; Benson v. Crowell, 6 Abb. Pr. 83; Higgins v. Eagleton, 155 N. Y. 466; Wyckoff v. Meyers, 44 N. Y. 143; Tilden v. O. B. Co., 27 App. Div.…
1Opinion of the CourtO’Brien, J.
The -plaintiff made an application to the court in this action to compel the purchaser of premises sold at public sale under a judgment of foreclosure to accept the referee’s deed and complete his purchase, bic objection is made to the foreclosure proceedings. They were in all respects regular and the judgment valid. In pursuance of the judgment, the premises were sold by the referee at public auction after due publication of the notice of sale. The purchaser admits that some days before the sale he read the notice, and it appears, without contradiction in the moving papers, that the notice…
2Cases cited5 opinions
- Riggs v. . PursellNew York Court of Appeals · 1876
- Gibert v. . PetelerNew York Court of Appeals · 1868
- Cambridge Valley Bank v. . DelanoNew York Court of Appeals · 1872
- Reed v. . GannonNew York Court of Appeals · 1872
- Nickelson v. WilsonNew York Court of Appeals · 1875
3Cited by22 opinions
- Wilson v. . FordNew York Court of Appeals · 1913
- Stock v. MannNew York Court of Appeals · 1930
- Parish v. . ParishNew York Court of Appeals · 1903
- Village of Schoharie v. CoonsAppellate Division of the Supreme Court of the State of New York · 1970
- Russell v. PerroneAppellate Division of the Supreme Court of the State of New York · 2003
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