Fink v. Wallach
New York Supreme Court
Action to rescind a contract to purchase real estate and to recover earnest money and expenses of searching title on the ground that the title is unmarketable.
1Opinion of the CourtClarke, J.
Action to rescind a contract to purchase real estate and to recover earnest money and expenses of searching title on the ground that the title is unmarketable. Defendant’s title is derived from a referee’s deed upon foreclosure in a case entitled Wallach v. Bergschwenger, judgment filed August 6, 1896. The owner of the equity of redemption, one Johanette-Bergschwenger, and John, her husband, defendants in said foreclosure suit, were nonresidents. The summons and complaint were filed in the clerk’s office [November 19, 1895. On December 11, 1895, an order appointing a receiver of the rents and…
2Cases cited10 opinions
- Greenblatt v. . HermannNew York Court of Appeals · 1894
- Hallett v. RightersNew York Supreme Court · 1856
- Stuyvesant v. WeilAppellate Division of the Supreme Court of the State of New York · 1899
- Kendall v. WashburnNew York Supreme Court · 1857
- Rothstein v. RothsteinNew York Supreme Court · 1903
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3Cited by4 opinions
- Roberts v. Enderlin Investment Co.North Dakota Supreme Court · 1911
- In re the Probate of the Last Will & Testament of GahnNew York Surrogate's Court · 1920
- Worden v. StateNew York Court of Claims · 1956
- In re the Estate of ManleyNew York Surrogate's Court · 1962