Disbrow v. Folger
New York Supreme Court
Motion to compel a purchaser under a sale in partition to take title. The objections urged to the title tendered were based on alleged irregularities in the proceedings taken in the partition suit. The supposed defects are sufficiently stated in the opinion.
1Opinion of the CourtMitchell, J.
The purchaser objects to take the title for various reasons.
The bond of the guardian ad litem (this being a partition suit) was duly executed, but the order appointing the guardian is entitled as if made by the judge personally and at chambers. It was made in this district, where the judge at the same time and place holds chambers and special term. The order therefore can be amended at once, so as to read as the order of the court, and to be entitled at special term. The Revised Statutes require that the guardian in partition be appointed by the court (2 Rev. Stats., 317, § 2). The Code…
2Cited by4 opinions
- Baumeister v. DemuthAppellate Division of the Supreme Court of the State of New York · 1903
- Weise v. WelshNew Jersey Court of Chancery · 1879
- Hendry v. HollingdrakeSupreme Court of Rhode Island · 1889
- McDermot v. McDermotNew York Supreme Court · 1868