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…
1Concurrence
Barrett, J. (concurring);
I concur in the affirmance óf the order, The encroachments were insignificant, and, under all the circumstances, did not furnish ground for rejecting the title.. The case is an extraordinary one in many respects — by reason of the size and nature of the property; the knowledge, of the real purchasers of its exact condition, and the satisfactory evidence of adverse possession. Every such case must depend more or less upon its own particular facts, and it Cannot be said here that reasonable doubt was thrown upon the title. In fact the attitude of the respondents appeals…
2Cases cited6 opinions
- Sternberger v. . McGovernNew York Court of Appeals · 1874
- Winne v. ReynoldsNew York Court of Chancery · 1837
- King v. BardeauNew York Court of Chancery · 1822
- Bonnet v. BabbageNew York Supreme Court · 1892
- Keating v. GuntherNew York Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.