Foy v. McGarry
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles A. Menet, purchaser at a foreclosure sale, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of November, 1913, requiring him to complete his purchase.
1Opinion of the Court
Hotchkiss, J.:
By deed dated August 1, 1855, and recorded July, 1856, the property was conveyed to one George Gilchrist. By deed dated March 22, 1909, Hubbard, as committee of the estate of Sarah A. Gilchrist Crisp, a lunatic, conveyed to the mortgagor. Appellant admits the regularity of the proceedings for the sale of the lunatic’s estate, but claims that they are notin their nature sufficient to establish heirship, and, if they were, on their face they fail to show that the lunatic was the heir of the George Gilchrist, grantee in the 1855 deed, although she apparently was the heir of a…