Paget v. Melcher
Appellate Division of the Supreme Court of the State of New York
Appeal by Andrew J. Connick, a purchaser under a decree of partition and sale in the above-entitled action, from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 11th day of May, 1899, requiring him to complete his contract to purchase certain premises, and adjudging that his objections to the title of said premises were untenable, and that the title objected to was in all respects good…
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Appeal by Andrew J. Connick, a purchaser under a decree of partition and sale in the above-entitled action, from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 11th day of May, 1899, requiring him to complete his contract to purchase certain premises, and adjudging that his objections to the title of said premises were untenable, and that the title objected to was in all respects good and marketable.
1Opinion of the Court
Parrett, J. :
Mr. Connick makes two objections to the title, which we will consider in order.
The first objection is, that the five children of William Samler and Mary, his wife, have outstanding interests. The premises in suit, Mo. 5 East Twenty-eighth street, originally formed part of a ten-acre tract, the title to which was vested in the three children of John Samler, of whom William Samler was one. In March, 1836, William and his wife executed a deed of one-tenth of liis one-third interest to Henry Miller in trust to receive the rents and profits, and apply them as specified during the…
2Cases cited6 opinions
- Pray v. . HegemanNew York Court of Appeals · 1885
- Reich v. . CochranNew York Court of Appeals · 1896
- Campbell v. . StokesNew York Court of Appeals · 1894
- Townshend v. . FrommerNew York Court of Appeals · 1891
- Katz v. KaiserAppellate Division of the Supreme Court of the State of New York · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Mutual Life Insurance v. United States Hotel Co.New York Supreme Court · 1913
- Komp v. RaymondAppellate Division of the Supreme Court of the State of New York · 1902