Fuller v. . Scribner
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing an order of Special Term, Which denied a motion on the part of "plaintiffs to compel the appellant, George H. Purser, a purchaser at a foreclosure- sale herein, to take title and complete his purchase.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing an order of Special Term, Which denied a motion on the part of "plaintiffs to compel the appellant, George H. Purser, a purchaser at a foreclosure- sale herein, to take title and complete his purchase. The order appealed from also required said purchaser to complete his purchase, and in case of his default, that the premises be re-sold, and said purchaser pay any deficiency. (Reported below, 16 Him, 130.) A lis jpendens was filed in the action, September 17, 1877, and on the same day…
1Opinion of the CourtFolger, J.
The appellant was a bidder at a sale on a foreclosure of a mortgage. He declines to fulfill the terms of. sale, because judgment creditors of the owner of the equity of redemption were not made parties to the action. But it appears that the creditors did not record the judgment, until after the plaintiff in the foreclosure suit had filed a notice of Us pendens, in due accord with section 132 of the Old Code, and had made due personal service of the summons upon two of the defendants in the suit. The judgment was docketed, however, before the summons had been served upon the defendants, the…
2Cases cited1 opinion
- Rodgers v. . BonnerNew York Court of Appeals · 1871
3Cited by5 opinions
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- Bernard v. BaldwinNew York Supreme Court · 1919
- Connor v. ConnorNew York Supreme Court · 1891