Bresel v. Browning
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward W. Browning, from an order of the Supreme Court, made at the Mew York Special Term an" entered in the office of the.'clerk of the county of New York o the 9th d^y of November, 1905, denying the defendant’s motion t cancel a lis pendens.
1Opinion of the Court
Houghton, J.:
The defendant, being one of several common owners of the real property in question, advertised to sell it at public auction. The terms of sale prescribed that the property would be conveyed to the purchaser by the defendant and one Florence B. Biggs, by good deed, free from all incumbrances. Plaintiff was the successful bidder, and, upon signing the terms of sale, made a cash payment. A deed was tendered, which the plaintiff rejected on the ground that the actual dimensions of the premises were not as set forth in the terms of sale, and that the land was" subject to a covenant to…
2Cases cited1 opinion
- People v. . TurnerNew York Court of Appeals · 1889
3Cited by4 opinions
- Tishman v. AcritelliAppellate Division of the Supreme Court of the State of New York · 1906
- Kennedy v. HallNew York Supreme Court · 1906
- McCrum v. Lex Realty Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Cosmos Holding Corp. v. Casco Traders, Inc.Appellate Division of the Supreme Court of the State of New York · 1922