Watson v. Church
New York Supreme Court
Appeal by Simeon E. Church from an order at special term’ requiring the appellant to comply with certain terms of sale subscribed by him as purchaser at a sale under foreclosure of a mortgage. The action was brought by James Watson against Simeon E. Church and others. The facts fully appear in the opinion.
1Opinion of the CourtDavis, P. J.
There are no merits in the appellant’s case. He purchased the premises with full knowledge that his wife had not been personally served, but that service of the summons had been made on himself for her. He is an attorney and appeared in the action for himself and not for his wife, but it is admitted that Mrs. Church had no interest in the premises except an inchoate right of dower. She was a necessary party to foreclose her contingent interest (Mills v. Van Voorhes, 20 N. Y. 412); but the former practice in such cases was to serve the husband for the wife, and it was his duty to protect her…
2Cases cited3 opinions
- Mills v. . Van VoorhiesNew York Court of Appeals · 1859
- Leavitt v. CrugerNew York Court of Chancery · 1829
- Foote v. LathropNew York Supreme Court · 1869