Fleming v. . Burnham
New York Court of Appeals
Appeal from, order of the General Term of the Supreme Court, in the first judicial department, made May 8, 1885, which reversed ah order of Special Term, discharging Mayer Sternherger, a purchaser on sale under the judgment herein from his purchase, and which directed the executors of said purchaser, he having died after the making of the Special Term order, to complete the purchase.
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Appeal from, order of the General Term of the Supreme Court, in the first judicial department, made May 8, 1885, which reversed ah order of Special Term, discharging Mayer Sternherger, a purchaser on sale under the judgment herein from his purchase, and which directed the executors of said purchaser, he having died after the making of the Special Term order, to complete the purchase. (Mem. of decision below, 36 Hun, 456.) The action was for partition; the parties claimed under the title of John McKie, who died in 1828 seized of the premises, leaving a will by which he devised said premises to…
1Opinion of the CourtAndrews, J.
The most serious objection made by the purchaser relates to the sufficiency of the deed of February 14, 1833, from Thomas McKie and Andrew Stark, two of the four executors named in the will of John McKie, to Gerardus DeForest, to pass title to the premises in question. It is insisted that William McKie, one of the executors named, duly qualified, and should have joined in the execution of the deed. It is conceded that John McKie died seized in 1828. The answer made to the objection is two-fold, first, that the deed was a valid execution of the power of sale vested in the executors of McKie by…
2Cases cited4 opinions
- Shriver v. . ShriverNew York Court of Appeals · 1881
- Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
- Jackson ex dem. Hardenbergh v. SchoonmakerNew York Supreme Court · 1809
- Chrystie v. . PhyfeNew York Court of Appeals · 1859
3Cited by119 opinions
- Heller v. . CohenNew York Court of Appeals · 1897
- Anderson v. NorthropSupreme Court of Florida · 1892
- Irving v. . CampbellNew York Court of Appeals · 1890
- Cowdery v. GreenleeSupreme Court of Georgia · 1906
- Greenblatt v. . HermannNew York Court of Appeals · 1894
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