Heim v. Schwoerer
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Action by Annie Heim against Anthony Schwoerer and another. From an order of the Supreme Court (99 N. Y. Supp. 553), relieving Rudolph L. Blumenthal from liability as purchaser at a judicial sale, plaintiff "and defendants appeal. Affirmed.
1DissentScott, J.
(dissenting) This is an appeal by the parties to a partition action from an order of the Special Term, denying plaintiff’s moton to compel Rudolph L. Blumenthal, to complete his purchase of certain premises sold to him at a referee’s sale in partition. The terms of sale provided that the premises would be sold "subject to a specified mortgage, and also subject to existing tenancies, and to such a state of facts as an accurate survey may disclose. The purchaser’s refusal to complete the sale is based upon the fact that the premises are subject to an existing restrictive covenant, of the…
2Cases cited9 opinions
- Forster v. . ScottNew York Court of Appeals · 1893
- Riggs v. . PursellNew York Court of Appeals · 1876
- Riggs v. . PursellNew York Court of Appeals · 1878
- Wetmore v. . BruceNew York Court of Appeals · 1890
- Merges v. RinglerAppellate Division of the Supreme Court of the State of New York · 1898
4 more not listed; retrieve them via the Exa API.