Belter v. Lyon
New York Court of Common Pleas
Appeal from an order of this court denying a motion for an account of rents and profits and for the delivery of a deed of premises sold in proceedings to foreclose a mortgage. The plaintiff foreclosed a mortgage which she held upon premises in the City of New York, and under a decree in foreclosure therein the same was sold on May 2nd, 1879, at public auction, for $2,100, to John H. Belter, her son, who subsequently assigned his bid to the plaintiff.
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Appeal from an order of this court denying a motion for an account of rents and profits and for the delivery of a deed of premises sold in proceedings to foreclose a mortgage. The plaintiff foreclosed a mortgage which she held upon premises in the City of New York, and under a decree in foreclosure therein the same was sold on May 2nd, 1879, at public auction, for $2,100, to John H. Belter, her son, who subsequently assigned his bid to the plaintiff. The defendant was present at the sale, and immediately thereafter the plaintiff went into possession and has so remained. She has since paid the…
1Opinion of the Court
Larremore, Ch. J.
[After statingthe facts as above.]— The parties to the suit appear to have acquiesced in the delay that followed the sale, of its absolute consummation. It does not appear from the record that any fraud was committed or any misrepresentation made in reference to the sale. The court had the power, in the absence of fraud, to issue such a direction to the referee (Baring v. Moore, 5 Paige 48, 53), and lapse of time, under the circumstances, was no objection (Willets v. Van Alst, 26 How. Pr. 325).
It may be seriously questioned whether the contract as alleged by the defendant…
2Cases cited4 opinions
- Wheeler v. . ReynoldsNew York Court of Appeals · 1876
- Lathrop v. HoytNew York Supreme Court · 1849
- Baring & Willing v. MooreNew York Court of Chancery · 1835
- Willets v. Van AlstNew York Supreme Court · 1864