Ennis v. Brown
Appellate Division of the Supreme Court of the State of New York
Appeal by tlie plaintiff, Thomas Ennis, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 26th day of July, 1895, denying the plaintiff’s motion to be released from the purchase by him of property sold in this action. The objections made by the purchaser to the title were: First.
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Appeal by tlie plaintiff, Thomas Ennis, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 26th day of July, 1895, denying the plaintiff’s motion to be released from the purchase by him of property sold in this action. The objections made by the purchaser to the title were: First. That the deed of the premises made by Garret V. W. Eldert and Matilda, his wife, on July 17, 1867, and recorded July 25, 1867, in Liber 259 of Conveyances, page 365, in the clerk’s office of the county of Queens, is made to…
1Opinion of the Court
Hatch, J.:
The action was brought for an accounting and resulted in a decree settling the accounts of the defendant Brown and directing a sale of the premises affected by this order. On the sale plaintiff bid in the property and now seeks to be relieved therefrom. The chain of title shows a deed bearing date July 17, 1867, running from one Eldert and wife as grantors to Henry Eckert and “ associates.” Under date of January 21, 1871, Eckert and wife conveyed the premises *25to Martin Kalbfleisch in trust for the Oceanus Association. The first claim is that Eckert did not take a fee of the…
2Cases cited5 opinions
- O'Connor v. . HugginsNew York Court of Appeals · 1889
- King v. . TownshendNew York Court of Appeals · 1894
- Towar v. HaleNew York Supreme Court · 1866
- Hopkins v. . KentNew York Court of Appeals · 1895
- Jarvis v. BabcockNew York Supreme Court · 1849
3Cited by1 opinion
- Wright v. BrooksMontana Supreme Court · 1913