Andrews v. . O'Mahoney
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made June 25,1888, which affirmed an order of Special Term requiring plaintiff to complete his purchase. The facts are sufficiently stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made June 25,1888, which affirmed an order of Special Term requiring plaintiff to complete his purchase. The facts are sufficiently stated in the opinion. The court will set aside a sale, and order a resale where it is shown that there has been a mistake or misunderstanding as to the terms or conditions upon which the premises were sold, or where different terms are sought to be enforced than those under which the premises were sold. (23 Hun, 424; Kelly v. Howell, 62 Barb. 280; 53 N. Y. 609 ; Post v.…
1Opinion of the CourtEarl, J.
The plaintiff had two mortgages upon a lot of land in the city of Brooklyn, which was about thirty-three feet in width and one hundred feet in depth. His first mortgage was for about $300, and his second mortgage for about $200. He commenced actions to foreclose both mortgages and both actions were prosecuted to judgment. This action was for, the foreclosure of the second mortgage. There were two subsequent "mortgages upon the same lot, one held by Daniel Doody for $1,200, on the westerly half thereof, and one for $480, held by Owen O’Keefe, on the easterly half thereof, Doody and O’Keefe…
2Cases cited4 opinions
- Willets v. Van AlstNew York Supreme Court · 1864
- Hegeman v. JohnsonNew York Supreme Court · 1861
- In re DavisNew York Court of Common Pleas · 1877
- Wolcott v. SchenckNew York Supreme Court · 1862
3Cited by17 opinions
- Hankin v. HankinSuperior Court of Pennsylvania · 1980
- Stokes v. . Hoffman House of New YorkNew York Court of Appeals · 1901
- Robertson v. SmithSupreme Court of Virginia · 1897
- Chandler v. MoreyIllinois Supreme Court · 1902
- Rice v. AhlmanWashington Supreme Court · 1912
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