Kerrigan v. . Force
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court iu the second judicial department affirming an order of Special Term denying a motion on the part of plaintiff to compel Nathaniel H. Clément, a purchaser, to complete his purchase herein. (Reported below, 9 Hun, 185.) This was an action for the foreclosure of a mortgage upon premises _ in the county of Kings.
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Appeal from order of the General Term of the Supreme Court iu the second judicial department affirming an order of Special Term denying a motion on the part of plaintiff to compel Nathaniel H. Clément, a purchaser, to complete his purchase herein. (Reported below, 9 Hun, 185.) This was an action for the foreclosure of a mortgage upon premises _ in the county of Kings. Thé judgment was perfected in June, 1876, and directed a sale of the mortgaged premises by a referee named, and the sale was so made. The said purchaser objected to completing the purchase upon the ground that a sale by a…
1Opinion of the Court
Church, Ch. J.
This is an application to compel a purchaser under a foreclosure sale to complete his purchase. The sale was made by a referee in violation of the act chapter 439 of the Laws of 1876, which, in effect, enacts that sales in foreclosure cases, unless both parties agree upon a referee, shall be made by the sheriff of Kings county, and prescribes his fees on such sales. It is not questioned but that if this act is valid, the sale.is irregular.
The constitutionality of the act is challenged upon two grounds:
First. That it violates that provision which declares that “ no private or…
2Cases cited3 opinions
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- People Ex Rel. Lee v. Board of SupervisorsNew York Court of Appeals · 1870
- Gaskin v. . MeekNew York Court of Appeals · 1870
3Cited by31 opinions
- People Ex Rel. Einsfeld v. . MurrayNew York Court of Appeals · 1896
- Higgins v. LansinghIllinois Supreme Court · 1895
- Larkin v. . O'NeillNew York Court of Appeals · 1890
- Henderson v. KoenigSupreme Court of Missouri · 1902
- City of Buffalo v. HawksAppellate Division of the Supreme Court of the State of New York · 1929
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