Rice v. . Barrett
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made February 10, 1886, which affirmed an order of Special Term requiring Ann Haughian and another, as assignees of Charles P. Haughian, purchaser at a partition sale herein, to complete the purchase. This they refused to do because of alleged defects in the title.. The facts pertinent to the questions discussed are 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 February 10, 1886, which affirmed an order of Special Term requiring Ann Haughian and another, as assignees of Charles P. Haughian, purchaser at a partition sale herein, to complete the purchase. This they refused to do because of alleged defects in the title.. The facts pertinent to the questions discussed are stated in the opinion. Though the will does not in express terms direct the executors to collect rents and profits during the continuance of the trust estate, yet there is a necessity…
1Opinion of the CourtDanforth, J.
After our decision upon a former appeal in this case (99 N. Y. 403), the sale then under review and subsequent proceedings were vacated- and a resale ordered. This was had on the 15th of October, 1885, and one Charles P. Haughian became the purchaser of one of the houses and lots. He assigned his bid to Ann Haughian and Margaret Haughian. They alleged defects in the title and refused to complete their purchase. Upon motion, the court at Special Term required them to do so. The General Term affirmed the order, and in that decision we concur. It is well settled that one who buys at a judicial…
2Cases cited3 opinions
- Jordan v. . PoillonNew York Court of Appeals · 1879
- Hone's Executors v. Van SchaickNew York Supreme Court · 1838
- Rice v. . BarrettNew York Court of Appeals · 1885
3Cited by14 opinions
- Brown v. . QuintardNew York Court of Appeals · 1903
- Fowler v. DuhmeIndiana Supreme Court · 1896
- State v. HolmesMichigan Supreme Court · 1898
- Davis v. MacMahonAppellate Division of the Supreme Court of the State of New York · 1914
- Casgrain v. HammondMichigan Supreme Court · 1903
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