Legal Opinion

Cambrelleng v. . Purton

New York Court of Appeals

Decided February 24, 1891PublishedCited by 31 opinions

Appeal from order of the General Term of the Supreme Court in the first judicial department, made December 29, 1890, which affirmed an order ®f Special Term denying a motion to reheve Morris Pittman, a purchaser at the partition sale in the above-entitled action, from his purchase. The facts, so far as material, are stated in the opinion. The referee was unable to give a good marketable title to the premises.

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Appeal from order of the General Term of the Supreme Court in the first judicial department, made December 29, 1890, which affirmed an order ®f Special Term denying a motion to reheve Morris Pittman, a purchaser at the partition sale in the above-entitled action, from his purchase. The facts, so far as material, are stated in the opinion. The referee was unable to give a good marketable title to the premises. (Moore v. Williams, 115 N. Y. 598; Vought v. Williams, 120 id. 253; Shriver v. Shriver, 86 id. 584; Fleming v. Burnham, 100 id. 9; In re Trustees, etc., 31 id. 588; McPherson v. Smith,…

1Opinion of the CourtO’Brien, J.

This was an action to partition certain real estate in the city of New York, and resulted. in a judgment, directing the sale of the same. The sale was conducted by a-referee under the decree, and Morris Littman became the purchaser. He afterwards applied to the court to be relieved from his bid and to have refunded to him the ten per cent of the purchase-money, auctioneer’s fees and expenses of searching the title which he had paid. This application was based upon an- alleged defect in the title. The Special Term denied the application, and that order having been affirmed at General Term, he…

2Cases cited2 opinions

  1. Fleming v. . BurnhamNew York Court of Appeals · 1885
  2. Ferry v. . SampsonNew York Court of Appeals · 1889

3Cited by31 opinions

  1. Regan v. LanzeNew York Court of Appeals · 1976
  2. Isaacs v. SchmuckNew York Court of Appeals · 1927
  3. Geithman v. EichlerIllinois Supreme Court · 1914
  4. Garden City Sand Co. v. MillerIllinois Supreme Court · 1895
  5. Empire Realty Corp. v. SayreAppellate Division of the Supreme Court of the State of New York · 1905

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