Kopp v. Kopp
New York Supreme Court
Appeal from special term, New York county; Abraham B. Lawrence, Justice. Action by Julius Kopp against Maria Magdalena Kopp, Caroline Mathes, and Edward Mathes, her husband, Elizabeth Wimmer, and Herman Wimmer, her husband, Charles Kopp, and Pauline Kopp, for the partition of certain premises of which the father of plaintiff died seized.
Read the full summary
Appeal from special term, New York county; Abraham B. Lawrence, Justice. Action by Julius Kopp against Maria Magdalena Kopp, Caroline Mathes, and Edward Mathes, her husband, Elizabeth Wimmer, and Herman Wimmer, her husband, Charles Kopp, and Pauline Kopp, for the partition of certain premises of which the father of plaintiff died seized. The defendant Maria Magdalena Kopp is the widow, and the defendants Caroline Mathes, Elizabeth Wimmer, Charles and Pauline Kopp are the children and only heirs at law, of decedent. The property was sold at public auction, and John B. Foley became the…
1Opinion of the CourtVan Brunt, P. J.
There does not seem to be any ground for interference with the order of the court below because of the misrepresentations claimed to have been made at the sale. The objection of the purchaser, however, that the premises are in the possession of a tenant under a lease for five years, who is not a party to the action, seems to be fatal to the right of the court to compel him to complete. The purchaser is not bound to take the title unless he can be put into possession under the decree of sale. In the case at bar the party in possession is not a party to the action, and is not bound by the…
2Cited by5 opinions
- Thomas v. DunneanSupreme Court of Colorado · 1924
- Bullard v. BicknellAppellate Division of the Supreme Court of the State of New York · 1898
- Downes v. . WenningerNew York Court of Appeals · 1913
- Bullard v. BicknellAppellate Division of the Supreme Court of the State of New York · 1898
- Warren v. BanningNew York Supreme Court · 1893