Scholle v. . Scholle
New York Court of Appeals
Appeal from order of the General Term of the Superior Oourt of the city of ¡New York, made January 14,1889, which affirmed an order of Special Term releasing J. Bomaine 'Brown, as assignee of B. P. Fairchild, purchaser, from his purchase at a sale pursuant to judgment in this action. This was an action of partition.
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Appeal from order of the General Term of the Superior Oourt of the city of ¡New York, made January 14,1889, which affirmed an order of Special Term releasing J. Bomaine 'Brown, as assignee of B. P. Fairchild, purchaser, from his purchase at a sale pursuant to judgment in this action. This was an action of partition. An interlocutory judgment of partition and sale was entered in May, 1885. As to the premises now in question, the sale took place in ¡December, 1886, under a supplemental decree of this court. Mr. Fairchild became the purchaser of the premises in question and paid ten per cent of…
1Opinion of the CourtFinch, J.
Very convincing proof is furnished in this case that Baynor, at his death, owned an undivided three-tenths of the land in controversy notwithstanding his deed to Phillips, which, on its face, purported to convey his entire interest. That deed is liable to be reformed as against all the parties before us, and in judging the title proffered to the purchaser we must assume, in the interest of his safety, that such reformation may occur; and proceed to the inquiry whether that undivided three-tenths passed under his will to the grandchildren in remainder, or was taken from them and their interest…
2Cases cited5 opinions
- White v. . HowardNew York Court of Appeals · 1871
- Chamberlain v. . TaylorNew York Court of Appeals · 1887
- Hobson v. . HaleNew York Court of Appeals · 1884
- Allen v. . De WittNew York Court of Appeals · 1850
- Mutual Life Insurance v. WoodsNew York Supreme Court · 1889
3Cited by40 opinions
- Becker v. ChesterWisconsin Supreme Court · 1902
- In re McGowanNew York Surrogate's Court · 1929
- Penfield v. TowerNorth Dakota Supreme Court · 1890
- United States v. BenedictCourt of Appeals for the Second Circuit · 1922
- Matter of GantertNew York Court of Appeals · 1892
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