Roberge v. Winne
New York Supreme Court
Appeal from special term, Westchester county. Action by Franklin P. Roberge against Maria Y. Winne and Elizabeth Oavannah to set aside a deed of certain premises from defendant Winne to defendant Oavannah, and to enforce by specific performance the execution and delivery of a bond and mortgage of $3,500 which the complaint alleged that defendant Winne had agreed to execute and deliver to plaintiff.
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Appeal from special term, Westchester county. Action by Franklin P. Roberge against Maria Y. Winne and Elizabeth Oavannah to set aside a deed of certain premises from defendant Winne to defendant Oavannah, and to enforce by specific performance the execution and delivery of a bond and mortgage of $3,500 which the complaint alleged that defendant Winne had agreed to execute and deliver to plaintiff. A judgment was entered by which it was decreed "that the agreement set forth in the complaint be specifically performed, and that the defendant Maria Y. Winne, in her own proper person, within ten…
1Opinion of the CourtPratt, J.
These are two appeals by the defendant Winne from orders made at special term,—First, from an order granting leave to issue execution for the sale of real property; and, second, from an order denying defendant’s motion to vacate the sheriff’s certifi*602cate of sale. ■ The action is in equity, brought to set aside a deed of premises described in the complaint, made by the defendant Winne to the defendant Cavannah; and to enforce by specific performance the execution and delivery by Winne to the plaintiff of a bond and mortgage for $3,500 on said premises. In December, 1891, plaintiff owned…
2Cited by1 opinion
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