Connor v. Connor
New York Supreme Court
Appeal from special term", New York county. Partition proceedings instituted by Robert Connor against Charles Connor, Mary Ann McGarrity, and Robert McGarrity, and others. Defendants Mc-Garrity appeal from an order denying their motion to' vacate the interlocutory judgment entered therein.
1Opinion of the CourtBrady, J.
This is an appeal by the defendants McGarrity, who were purchasers at the sale in partition herein, from an order made by Mr. Justice Andrews refusing to set aside the interlocutory judgment on the ground that notice to creditors having liens against the parties to the action by ad*403vertisement was not given, and that, as there are lien creditors not cut off, the sale of the premises was irregular, and should not be confirmed. Concurrently with the motion to set aside the judgment, a motion was made to confirm the sale, but the proceedings were stayed pending this appeal.
The alleged…
2Cases cited1 opinion
- Fuller v. . ScribnerNew York Court of Appeals · 1879