Ray v. Adams

The property was bid in by the petitioner, Henry Waters, at the public auction under the decree herein. It was sold free and clear of incumbrances. After examining the title, *665it was found that the property was incumbered by certain covenants running with the land that restricted its use. Kountze v. Helmuth, 67 Hun, 347; Wetmore v. Bruce, 118 N. Y. 319. Waters finally refused to take title, and the property was readvertised and sold to a new purchaser, “ subject ” to the restrictions, particularly enumerating them, for $825 less than Waters had agreed to pay. Waters now moves to be relieved…