In re Clarke
Appellate Division of the Supreme Court of the State of New York
Appeal by Martin Dickemann, purchaser, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of ¡New York on the 8th day of December, 1908, directing the purchaser to perform his contract and complete his purchase in a proceeding for the sale of an interest of an infant in real estate.
1Opinion of the Court
Laughlin, J.:
¡No question is raised with respect to the regularity or validity of the proceedings in this special proceeding. The special guardian of the infant was duly authorized to enter into a contract for the sale of the interest of the infant in the real estate described in the petition and she duly contracted with the appellant for the purchase thereof and the sale was duly approved by the court. Upon tender of the deed of the special guardian, however, the appellant refused to complete his purchase upon the ground that the infant had no marketable title or interest in the real estate.…
2Cases cited6 opinions
- Pitkin v. New York & New England RailroadSupreme Court of Connecticut · 1894
- Bell v. HallSupreme Court of Alabama · 1884
- Carroll v. CollinsAppellate Division of the Supreme Court of the State of New York · 1896
- Harvey v. ThorntonIllinois Supreme Court · 1852
- Ettenheimer v. HeffernanNew York Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re the Estate of OwenNew York Surrogate's Court · 1932
- In re the Estate of HoneNew York Surrogate's Court · 1936
- In re the Accounting of LevineNew York Surrogate's Court · 1957
- Knocklong Corp. v. Long Island State Park CommissionAppellate Division of the Supreme Court of the State of New York · 1960