Kraemer v. . Adelsberger
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Kew York, made January 3, 1888,. which reversed a judgment in favor of the defendants entered upon the report of a referee and directed a new trial. This action was brought to recover $500 paid by plaintiff to defendants upon. a contract for the sale of the real estate known as K"o. 316 East Eifty-second street, Eew York city, together with expenses for examining the title.
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Appeal from order of the General Term of the Superior Court of the city of Kew York, made January 3, 1888,. which reversed a judgment in favor of the defendants entered upon the report of a referee and directed a new trial. This action was brought to recover $500 paid by plaintiff to defendants upon. a contract for the sale of the real estate known as K"o. 316 East Eifty-second street, Eew York city, together with expenses for examining the title. Both parties professed to be ready to perform the contract, but the plaintiff made certain objections to the title, and thereupon refused to accept…
1Opinion of the CourtParker, J.
The plaintiff contends that the title obtained by the purchaser at the foreclosure sale was defective because the heirs of Andrew Henderson were not made parties to the action. She insists that the deed from "Win. S. Carr to Andrew Henderson was not a mortgage but an absolute deed. That upon his death the title became vested in his heirs at law and still remains in them, for, not having been made parties to the foreclosure, they are not affected by the judgment.
The plaintiff’s first’proposition is that the deed, being absolute upon its face, imposed ujaon the defendant the burden of showing…
2Cases cited5 opinions
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Horn v. . KeteltasNew York Court of Appeals · 1871
- Harrison v. Trustees of Phillips AcademyMassachusetts Supreme Judicial Court · 1815
- Odell v. . MontrossNew York Court of Appeals · 1877
- MacAulay v. . PorterNew York Court of Appeals · 1877
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- Mooney v. . ByrneNew York Court of Appeals · 1900
- Pond v. . HarwoodNew York Court of Appeals · 1893
- Hays v. EmersonSupreme Court of Arkansas · 1905
- Basile v. Erhal Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1989
- Shelley v. ByersCalifornia Court of Appeal · 1925
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