Weseman v. . Wingrove
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made December 8, 1879, reversing an order of Special Term which denied a motion on the part of John G. Hammer, purchaser at the sale under the judgment in this action, that Chauncey Smith, referee appointed to sell, pay to said purchaser the amount paid by the latter to discharge an assessment on the premises purchased by him ; and granted the relief sought.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made December 8, 1879, reversing an order of Special Term which denied a motion on the part of John G. Hammer, purchaser at the sale under the judgment in this action, that Chauncey Smith, referee appointed to sell, pay to said purchaser the amount paid by the latter to discharge an assessment on the premises purchased by him ; and granted the relief sought. The action was for partition. The material facts are stated in the opinion. It was error for the General Term to hear and determine the appeal…
1Opinion of the CourtFinch, J.
The appellant was duly appointed referee in a partition suit, at first to take proof of the title and incumbrances, and afterward to sell the real estate involved, under the order and judgment of the court and make distribution of the proceeds. By the terms of that order he was required to payout of the proceeds of the sale “all taxes and assessments, and Oroton water rents, and redeem all tax-sales which may be a lien on the premises, or any part thereof, at the time of such sale.” Just such an order came under our observation in Easton v. Pickersgill (55 N. Y. 316). We there held it to be…
2Cases cited1 opinion
- Matter of LordNew York Court of Appeals · 1879
3Cited by9 opinions
- In re the Estate of BradyNew York Surrogate's Court · 1935
- Martin v. MartinMissouri Court of Appeals · 1976
- Adams v. SmithNew York Supreme Court · 1887
- Manhattan Railway Co. v. TaberNew York Supreme Court · 1894
- Hogan v. WolfNew York Supreme Court · 1890
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