Uebelacker v. Uebelacker
New York Supreme Court
Action by Henry Uebelacker against Charles Uebelacker and others. Motion is made by the purchaser at partition sale to be relieved of his purchase.
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Action by Henry Uebelacker against Charles Uebelacker and others. Motion is made by the purchaser at partition sale to be relieved of his purchase. Motion to compel purchaser to complete Ms purchase of the premises known as No. 460 West 165th street, borough of Manhattan, city of New York, sold under a judgment of partition and sale on the 23d day of April, 1908, and knocked down to the purchaser, Edward E. Maloney, Esq., for the sum of $9,000. The purchaser refused to take title, and asked to be relieved of his purchase upon the following grounds: (1) That the referee had title to and can…
1Opinion of the CourtGiegerich, J.
As the lot in question is more than 100 feet in depth, even after taking off the strip a few inches in. width at the extreme rear, the title to which has failed, the loss of such strip is of very small consequence according to the affidavits submitted. Under such circumstances the purchaser should not be relieved of his bid, but should be required to take the property with compensation for the deficiency. Riggs v. Pursell, 66 N. Y. 193, 199; Kelly v. Brower, 55 Hun, 606, 7 N. Y. Supp. 752; Merges v. Ringler, 34 App. Div. 415, 417, 422, 54 N. Y. Supp. 280. It is not disputed that $25 would be…
2Cases cited5 opinions
- Riggs v. . PursellNew York Court of Appeals · 1876
- Merges v. RinglerAppellate Division of the Supreme Court of the State of New York · 1898
- King v. BardeauNew York Court of Chancery · 1822
- Merges v. RinglerAppellate Division of the Supreme Court of the State of New York · 1898
- Kelly v. BrowerNew York Supreme Court · 1889