Adami v. Gercken
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Dietrich 0. Gercken, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 4th day of October, 1913, upon the decision of the court after a trial at the New York Special Term. The judgment required a purchaser to specifically perform a contract for the purchase of a parcel of real estate.
1Opinion of the Court
Scott, J.:
The plaintiffs claim title to the property contracted to be sold under a judgment in a partition suit between the children and heirs at law of Frederick Schwab, deceased, who owned the property in his lifetime. The defendant objected to the title upon two grounds, only one of which it is necessary to consider. That objection was that certain grandchildren of Frederick Schwab, who had contingent interests in the property under the will of then* grandfather, were not made parties to the partition suit and that their interests were consequently not cut off.
Frederick Schwab by his will,…
2Cases cited9 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Kent v. . Church of St. MichaelNew York Court of Appeals · 1892
- Mead v. . MitchellNew York Court of Appeals · 1858
- Tonnele v. . WetmoreNew York Court of Appeals · 1909
- Downey v. . SeibNew York Court of Appeals · 1906
4 more not listed; retrieve them via the Exa API.