Ingersoll v. . Mangam
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made February 15, 1881, reversing an order of Special Term which required John J. Cogér, a purchaser upon sale under judgment herein, to complete his purchase. (Reported below, 24 Hun, 202.) This action was brought to foreclose a mortgage. Judgment of foreclosure and sale was perfected, and upon the sale said Coger became the purchaser, but refused to complete his purchase.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made February 15, 1881, reversing an order of Special Term which required John J. Cogér, a purchaser upon sale under judgment herein, to complete his purchase. (Reported below, 24 Hun, 202.) This action was brought to foreclose a mortgage. Judgment of foreclosure and sale was perfected, and upon the sale said Coger became the purchaser, but refused to complete his purchase. The ground of the refusal and the facts pertinent thereto appear in the opinion. The claim that a guardian ad litem could not…
1Opinion of the CourtAndrews, J.
The purchaser objects to the title on the ground that the summons was not served on the infant, William Mangam. The action was for the foreclosure of a mortgage executed by the father of the infant, who died before the commencement of the action. The infant is under fourteen years of age and had an interest in the mortgaged premises, and resided, when the action was commenced, with his mother in New Jersey. The summons was personally served on the mother in this State, and after such service, upon her application, she was, by an order of the court, appointed guardian ad litem of the infant…
2Cases cited4 opinions
- Croghan v. . LivingstonNew York Court of Appeals · 1858
- Bosworth v. . VandewalkerNew York Court of Appeals · 1873
- Grant v. SchoonhovenNew York Court of Chancery · 1841
- Gotendorf v. . GoldschmidtNew York Court of Appeals · 1880
3Cited by37 opinions
- Smith v. . ReidNew York Court of Appeals · 1892
- Davis v. . CrandallNew York Court of Appeals · 1886
- Crouter v. . CrouterNew York Court of Appeals · 1892
- Sarfaty v. SarfatyAppellate Division of the Supreme Court of the State of New York · 1981
- Potter v. . OgdenNew York Court of Appeals · 1893
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