Merges v. Ringler
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Emma Merges against Mary Ringler and others, and! by Jacob F. Oppermann, by J. Aspinwall Hodge, Jr., his guardian ad litem, against Phillipine Oppermann and others, for partition and incidental relief. Under a. decree of partition, the premises were sold to Robert J. King, Jr., who moved to be relieved from his purchase.
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Appeal from special term, New York county. Action by Emma Merges against Mary Ringler and others, and! by Jacob F. Oppermann, by J. Aspinwall Hodge, Jr., his guardian ad litem, against Phillipine Oppermann and others, for partition and incidental relief. Under a. decree of partition, the premises were sold to Robert J. King, Jr., who moved to be relieved from his purchase. From an order of the special term (53 N. Y. Supp. 674) denying the motion, but giving leave to apply for an abatement of a portion of the price, King appeals.
1ConcurrenceBarrett, J.
I concur in the affirmance of the order. The encroachments were insignificant, and, under all the circumstances, did not furnish ground for rejecting the title. The case is an extraordinary one in many respects,—by reason of the size and nature of the property, the knowledge of the real purchasers of its exact condition, and the satisfactory evidence of adverse possession. Every such case must depend more or less upon its own particular facts, and it cannot be said here that reasonable doubt was thrown upon the title. In fact, the attitude of the respondents appeals much more strongly to a…
2Cases cited6 opinions
- Sternberger v. . McGovernNew York Court of Appeals · 1874
- Smyth v. . SturgesNew York Court of Appeals · 1888
- King v. BardeauNew York Court of Chancery · 1822
- Saberski v. VeloskyNew York Supreme Court · 1890
- Bonnet v. BabbageNew York Supreme Court · 1892
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