Toole v. Toole
New York Court of Appeals
Appeal from an order of the general term of the first department which affirmed an order of the special term refusing to relieve a purchaser at a referee’s sale in partition ; and also from an order of reference directed by the general term of the first department for the purpose of ascertaining whether the omission to make certain persons parties was proper.
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Appeal from an order of the general term of the first department which affirmed an order of the special term refusing to relieve a purchaser at a referee’s sale in partition ; and also from an order of reference directed by the general term of the first department for the purpose of ascertaining whether the omission to make certain persons parties was proper. This proceeding was commenced by David M. Koehler, a purchaser at a referee’s sale in partition, whose petition prayed that he might be relieved from his purchase ; that the referee be directed to return to him the sum paid at the sale;…
1Opinion of the CourtGray, J.
It is well settled by the decisions that a purchaser at a judicial sale should not be compelled by the courts to accept a doubtful title. Where irregularities or defects exist' in the proceedings, which require further or other proceedings in order to cure them, the objection of an intending purchaser, based upon their existence, should not be overruled and his contract of purchase be directed to be completed. His contract called for a good title, and if it was *396bad, or doubtful, lie should, on his application, be relieved from completing the purchase. In these partition proceedings the…
2Cases cited67 opinions
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Riggs v. . PursellNew York Court of Appeals · 1876
- Post v. . HoverNew York Court of Appeals · 1865
- Shriver v. . ShriverNew York Court of Appeals · 1881
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