Merges v. Ringler
Appellate Division of the Supreme Court of the State of New York
Appeal by the- purchaser, Robert J. King, Jr., 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 16th day of August, 1898, denying his motion to be relieved from his purchase made at a sale had under judgments in the above- - entitled actions. The first above-entitled action was brought for the partition of certain real estate of which Frederick Oppermann, Jr., died seized.
Read the full summary
Appeal by the- purchaser, Robert J. King, Jr., 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 16th day of August, 1898, denying his motion to be relieved from his purchase made at a sale had under judgments in the above- - entitled actions. The first above-entitled action was brought for the partition of certain real estate of which Frederick Oppermann, Jr., died seized. Before judgment was entered in the first above-entitled action, the second above-entitled action was brought to'enjoin the…
1Opinion of the Court
Ingraham, J.:
A purchaser át a sale made under a judicial decree is entitled to all property and title which the referee undertook to sell and which he rightfully supposed he was to receive; but “ a purchaser upon *417such a sale will not be relieved on account of defects in the property or the title thereto, of which he had notice, and in reference to which he made his bid, and the court will not permit him to abandon his contract without seeing that the object of the purchase is defeated and that he would be injured by the enforcement of the contract. If every minute and critical objection to a…
2Cases cited1 opinion
- German-American Real Estate Title Guarantee Co. v. MeyersAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by15 opinions
- Ungrich v. ShaffAppellate Division of the Supreme Court of the State of New York · 1907
- Harrison v. PlattAppellate Division of the Supreme Court of the State of New York · 1898
- Noethinger v. JeffriesNew York Supreme Court · 1919
- Van Horn v. StuyvesantNew York Supreme Court · 1906
- Gold v. CalderazzoNew York Supreme Court · 1917
10 more not listed; retrieve them via the Exa API.