Daly v. Burchell
New York Supreme Court
Motion to compel purchaser at judicial sale to complete his purchase. Philip Daly brought an action, in this court, against James H. Burchell and others, to foreclose a mortgage made by Nathaniel J. Burchell to the plaintiff. Burchell, the mortgagor, after making the mortgage, and before this action was brought, assigned his property, including the mortgaged premises, to Nathaniel Burchell and Leander Stone; and they were made parties in this action.
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Motion to compel purchaser at judicial sale to complete his purchase. Philip Daly brought an action, in this court, against James H. Burchell and others, to foreclose a mortgage made by Nathaniel J. Burchell to the plaintiff. Burchell, the mortgagor, after making the mortgage, and before this action was brought, assigned his property, including the mortgaged premises, to Nathaniel Burchell and Leander Stone; and they were made parties in this action. Nathaniel J. Burchell, the mortgagor, died leaving heirs. Summons was not served on the heirs before the appointment of a guarding ad litem, for…
1Opinion of the CourtFancher, J.
This is a motion to compel a purchaser to complete his purchase. On May 23, 1871, Nathaniel J. Burchell mortgaged to the plaintiff, five lots of land on One-Hundred-and-Twenty-sixth-street, in the City of New York. This action was brought for a foreclosure and sale, and the premises were sold under the judgment therein to William A. Bigelow, on September 9, 1872. At the time appointed for completing the purchase, he declined to do so, and served upon the referee the following objections to the title :—
" 1. John H. Platt, assignee of Stuyvesant Bank, *266should have been made a party defendant, in…
2Cases cited11 opinions
- Mead v. . MitchellNew York Court of Appeals · 1858
- Nodine v. GreenfieldNew York Court of Chancery · 1839
- Matthews v. DuryeeNew York Supreme Court · 1864
- Matthews v. DuryeeNew York Court of Appeals · 1868
- Briggs v. . DavisNew York Court of Appeals · 1860
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