Roarty v. . McDermott
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made February 15, 1895, which reversed an order of Special Term requiring F. J. Walgering, the purchaser at a partition sale, to complete his purchase and denied a motion by plaintiff for an order requiring her to do so. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made February 15, 1895, which reversed an order of Special Term requiring F. J. Walgering, the purchaser at a partition sale, to complete his purchase and denied a motion by plaintiff for an order requiring her to do so. The nature of the action and the facts, so far as material, are stated in the opinion. The mortgage in question and the foreclosure thereof were regular and valid in all respects, and formed a sure basis of a perfect title in the purchaser at the foreclosure sale. (Goebel v. Iffla,…
1Opinion of the CourtO’Briek, J.
This was an action to partition certain real •property in the city of Hew York. The final judgment was-executed by a sale of the property, under the direction of a referee, and Frank J. "Walgering became the purchaser of a, house and lot, Ho. 441 "West Forty-fifth street, for $15,800, he being the highest bidder at the sale.
Subsequently he refused to complete the purchase on the ground that the title tendered was not a marketable one. His objections to the title were overruled by the court at Special Term, and he was required to pay the balance of the purchase money upon tender of the…
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