Dunlop v. Mulry
Appellate Division of the Supreme Court of the State of New York
Appeal by Gilbert W. Minor from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of January, 1903, directing him, as the purchaser at a foreclosure sale, to complete his. purchase.
1Opinion of the Court
Ingraham, J.: ’
I think this order should be affirmed for the reasons stated by the Special Term.* The purchaser when he made his bid had knowledge, of the fact that the action to set aside the assignment of the lease by the executors of the estate of James Mulry had been commenced, and with knowledge of that fact he purchased at the sale by the referee under the judgment, and' he cannot be heard, in opposition to an application to compel him to complete his purchase, to urge as an objection the pendency of that action. It does not appear that the consent of the lessor is necessary to vest in.…
2Cases cited3 opinions
- Riggs v. . PursellNew York Court of Appeals · 1876
- Trimm v. . MarshNew York Court of Appeals · 1874
- Barry v. . Hamburg-Bremen Fire Ins. Co.New York Court of Appeals · 1888
3Cited by5 opinions
- Chapman v. Great Western Gypsum Co.California Supreme Court · 1932
- Great Southern Aircraft Corporation v. KrausDistrict Court of Appeal of Florida · 1961
- Paddell v. JanesNew York Supreme Court · 1914
- State ex rel. City of Tacoma v. Sunset Telephone & Telegraph Co.Washington Supreme Court · 1915
- Fidelity Trust Co. v. Brooklyn Properties Corp.Appellate Division of the Supreme Court of the State of New York · 1930