Gorman v. Gorman
Appellate Division of the Supreme Court of the State of New York
Appeal by Ralph Lipsohitz, one of the purchasers at the partition sale had iu the above-entitled action, from an order of the County •Court of Kings county, entered in the office of the clerk of the •county of Kings on the 20tli day of January, 1899, requiring the said purchasers to complete théir purchase and take a title founded solely on a claim of adverse possession to a portion of the premises sold.
1Opinion of the Court
Willard Bartlett, J.:
The circumstances under which the court will compel a purchaser ■of land to take a title, based solely on a claim of adverse possession ■on the part of the vendor and his grantor, have been clearly set forth in a number of recent decisions by the Court of Appeals and *226Appellate Division. (Heller v. Cohen, 154 N. Y. 299; Moot v. Business Men’s Investment Assn., 157 id. 201; Wilhelm v. Federgreen, 2 App. Div. 483; affd. on opinion below, 157 N. Y. 713; Ruess v. Ewen, 34 App. Div. 484.) These cases disapprove the exercise of the power in reference to a judicial sale when…
2Cases cited5 opinions
- Heller v. . CohenNew York Court of Appeals · 1897
- Holly v. . HirschNew York Court of Appeals · 1892
- Wilhelm v. FedergreenAppellate Division of the Supreme Court of the State of New York · 1896
- Wilhelm v. . FedergreenNew York Court of Appeals · 1899
- Ruess v. EwenAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Crocker Point Assn. v. . GouraudNew York Court of Appeals · 1918
- College Point Savings Bank v. VollmerAppellate Division of the Supreme Court of the State of New York · 1899
- Carey v. RileyNew York Supreme Court · 1923