Mardt v. Scharmach
New York Supreme Court
Application for judgment in action for specific performance of a contract for purchase and sale of real estate.
1Opinion of the CourtPound, J.
Plaintiff’s title is objected to because she originally held the real property in question as seized" of the entirety with her husband, Herman Mardt, who is still alive. The husband’s interest was sold on execution under and by virtue of a judgment for alimony and costs obtained by plaintiff against him in an action for a separation. Such interest was bought in by one McIntyre, plaintiff’s attorney in the action, who assigned the sheriff’s certificate of sale to plaintiff, to whom the sheriff executed a deed of the husband’s interest in said real estate.
I am of the opinion that the…
2Cases cited7 opinions
- Hiles v. . FisherNew York Court of Appeals · 1895
- Bertles v. . NunanNew York Court of Appeals · 1883
- Stelz v. . ShreckNew York Court of Appeals · 1891
- Meeker v. . WrightNew York Court of Appeals · 1879
- Zorntlein v. . BramNew York Court of Appeals · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Finnegan v. HumesAppellate Division of the Supreme Court of the State of New York · 1937
- Huber v. HuberNew York Supreme Court · 1960
- Finnegan v. HumesNew York Supreme Court · 1937
- Lopez v. McQuadeNew York Supreme Court · 1934
- Levine v. CarrNew York Supreme Court · 1961