Post v. Leet
New York Court of Chancery
This was an appeal by Staples & McKeon, two of the defendants, from an order discharging Brown, Mason and Browning, who were purchasers of certain portions of the mortgaged premises, at a master’s sale, from their purchases ; unless the appellants would consent that certain assessments upon the lots purchased be paid by the master out of the purchase money. '
1Opinion of the Court
The Chancellor.
I think the vice chancellor was right, in this case, in not compelling these purchasers to *338take the lots at the prices bid by them, subject to the assessments for opening 10th avenue, &c. Laying, out of view the fact that two of these purchasers understood the master to say, previous to the sale, that the assessment for that improvement would be paid out of the proceeds of the sale, as to which the master has no recollection, (ancl if he did so, it was undoubtedly trader the supposition.that the assessment was confirmed,) there is no doubt that the respondents bid under a…
2Cited by12 opinions
- Goodenow v. EwerCalifornia Supreme Court · 1860
- Hills v. ParkerMassachusetts Supreme Judicial Court · 1873
- Boggs v. Fowler & HargraveCalifornia Supreme Court · 1860
- Dowdney v. . Mayor, Etc., N.Y. CityNew York Court of Appeals · 1873
- Easton v. . PickersgillNew York Court of Appeals · 1873
7 more not listed; retrieve them via the Exa API.