Hargin v. Raynor
New York Supreme Court
Appeal from special term, Onondaga county. Action by Lititia 0. Baker against Josephine Baynor and others to recover land sold at sheriff's sale. Plaintiff died pending the action, and the court substituted Mary C. Hargin, administratrix of her estate, as plaintiff, and added Mary C. Hargin, individually, as defendant. From a judgment dismissing the complaint, Mary Hargin, individually and as administratrix, appeals.
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Appeal from special term, Onondaga county. Action by Lititia 0. Baker against Josephine Baynor and others to recover land sold at sheriff's sale. Plaintiff died pending the action, and the court substituted Mary C. Hargin, administratrix of her estate, as plaintiff, and added Mary C. Hargin, individually, as defendant. From a judgment dismissing the complaint, Mary Hargin, individually and as administratrix, appeals. Plaintiff’s complaint asks that the defendant Raynor be directed to execute a quitclaim deed to the plaintiff', conveying to her all the right, title, and interest which the said…
1Per curiam
Plaintiff is not in a situation to have the sale made by the sheriff set aside because the premises were not sold in parcels. Mrs. Baker and her attorney knew of the advertisement of the property, and of the sale by the sheriff, and made no objection at the time of the sale, or claim that it should be sold in parcels. Subsequently there was a redemption from the sale, and, when such redemption was made, Mrs. Baker and her attorney knew the premises had not been sold in parcels; and apparently the mortgage under which the redemption was made described the property in the same manner as the…
2Cases cited4 opinions
- Wood v. . MorehouseNew York Court of Appeals · 1871
- Mowhawk Bank v. R. & P. AtwaterNew York Court of Chancery · 1830
- Cunningham v. . CassidyNew York Court of Appeals · 1858
- Wood v. MoorhouseNew York Supreme Court · 1869