Legal Opinion

In the Matter of the Evergreens

New York Court of Appeals

Decided January 16, 1872PublishedCited by 29 opinions

Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming order of Special Term requiring a purchaser under proceedings in this matter to complete his purchase.

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Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming order of Special Term requiring a purchaser under proceedings in this matter to complete his purchase. The Evergreens was a rural cemetery incorporated under the general act of April 27, 1847. On the 20th of April, 1866, a receiver having been previously appointed of its property and effects, an act was passed giving the Supreme Court jurisdiction, upon a petition of said receiver, to determine the amount and priority of the claims against the corporation, and to provide for the liquidation…

1Opinion of the Court

Church, Ch. J.

This is an appeal from an order requiring the purchaser of the real estate of the corporation known as the Evergreens, a rural cemetery, to complete his purchase. By the act of April 20, 1866, the Supreme Court were authorized, upon the petition of the receiver of the corporation of the Evergreens, who had previously been appointed to determine the amount of claims of the creditors of the corporation and the priority thereof, and to provide for the liquidation of the same by a sale of the property of the cor poration in the manner prescribed by the act. In pursuance of this act,…

2Cases cited1 opinion

  1. Mitchell v. HalseyNew York Supreme Court · 1836

3Cited by29 opinions

  1. People v. HanrahanMichigan Supreme Court · 1889
  2. Van Denburgh v. President & Trustees of Village of GreenbushNew York Court of Appeals · 1876
  3. McKenna v. . EdmundstoneNew York Court of Appeals · 1883
  4. People Ex Rel. Leet v. . KellerNew York Court of Appeals · 1898
  5. Whipple v. . ChristianNew York Court of Appeals · 1880

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