Fryer v. . Rockefeller
New York Court of Appeals
Appeal from order of General Term of the Supreme Court .in the third judicial department, affirming an order directing Isaac B. Findull, a purchaser, to complete his purchase, (Reported below, 4 Hun, 800.) This was an action for the foreclosure of a mortgage. Judgment of foreclosure and sale was perfected.
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Appeal from order of General Term of the Supreme Court .in the third judicial department, affirming an order directing Isaac B. Findull, a purchaser, to complete his purchase, (Reported below, 4 Hun, 800.) This was an action for the foreclosure of a mortgage. Judgment of foreclosure and sale was perfected. The premises were sold upon the following terms and conditions: “ Said premises are to be sold subject to a prior mortgage of $1,000, with interest thereon, and the purchase-price to be paid as follows : ten per cent thereof down, $2,000 thereof to be secured by bond and mortgage on said…
1Opinion of the CourtFolger, J.
A purchaser of lands at a judicial sale, unless ' he is put upon his guard by some prior notice, may insist on a good title; and will not be required to pay over the purchase money and take a deed, unless the serious defects shown by him, are remedied. (McGown, v. Wilkins, 1 Paige, 120; Spring v. Sandford, 7 id., 550; Jackson v. Edwards, 22 Wend., 498-509, per Bronson, J.; Merchants' Bk. v. Thompson, 55 N. Y., 11.)
If it shall appear in this case, that the purchaser has suggested defects in the title which have not been obviated, and which would relieve a vendee in a private contract of sale,…
2Cases cited6 opinions
- Gilbert v. North American Fire InsuranceNew York Supreme Court · 1840
- Elsey v. MetcalfCourt for the Trial of Impeachments and Correction of Errors · 1845
- Jackson v. EdwardsCourt for the Trial of Impeachments and Correction of Errors · 1839
- Willson v. BettsNew York Supreme Court · 1847
- Graham v. BleakieNew York Court of Common Pleas · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- In Re MinbatiwallaUnited States Bankruptcy Court, S.D. New York · 2010
- Irving v. . CampbellNew York Court of Appeals · 1890
- Curtis v. . MooreNew York Court of Appeals · 1897
- In Re Conde-DedonatoUnited States Bankruptcy Court, E.D. New York · 2008
- Flyer v. SullivanAppellate Division of the Supreme Court of the State of New York · 1954
30 more not listed; retrieve them via the Exa API.