Noble v. Cromwell
New York Court of Appeals
Charles Bridge petitioned the supreme court to be released from a purchase he had made at a partition sale, held under decree of the court. The partition was made in an action between Wm. H. Noble and wife, and Charles T. Cromwell and. thirteen others. The facts material to the objections now raised were as follows: The complaint in the partition suit averred that one Benjamin Brooks devised certain land to his children, naming them.
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Charles Bridge petitioned the supreme court to be released from a purchase he had made at a partition sale, held under decree of the court. The partition was made in an action between Wm. H. Noble and wife, and Charles T. Cromwell and. thirteen others. The facts material to the objections now raised were as follows: The complaint in the partition suit averred that one Benjamin Brooks devised certain land to his children, naming them. That, at his death, the land was subject to a mortgage which was afterward foreclosed, and the land bought in at the sale, by 0. T. Cromwell, one of the…
1Opinion of the CourtBacon, J.
[After questioning the whether the order was appealable.] — If the appeal is effectual for any purpose, it must be confined to the questions made by the second and ‘third points presented by the appellant.
The first relates to the necessity of making the appellant a party to the proceedings in partition, and the second to alleged irregularities in the proceedings, by which it is averred that a good title was not offered to the purchaser.
As to the first objection, it is sufficient to say that the appellant was not a tenant in common of the premises at the time of the commencement of the…
2Cases cited1 opinion
- Gardner v. LukeNew York Supreme Court · 1835
3Cited by2 opinions
- Adams v. SmithNew York Supreme Court · 1887
- Lippert v. Gates, New York County Courts1911