Gaskin v. Anderson
New York Supreme Court
Motion to compel completion of purchase; This action was brought to foreclose a mortgage upon real property in the city of New York. Judgment of foreclosure, directing a sale of the premises, was recovered subsequent to the enactment of chapter 569, of the Laws of 1869. This act is entitled, “An act in relation to the fees of the sheriff, of the city and county of New York, and to the fees of referees in sales in partition cases.”
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Motion to compel completion of purchase; This action was brought to foreclose a mortgage upon real property in the city of New York. Judgment of foreclosure, directing a sale of the premises, was recovered subsequent to the enactment of chapter 569, of the Laws of 1869. This act is entitled, “An act in relation to the fees of the sheriff, of the city and county of New York, and to the fees of referees in sales in partition cases.” The first section is as follows : “All sales of real estate hereafter made in the city and county of New York, under the decree or judgment of any court of record…
1Opinion of the CourtCardozo, J.
This is a motion to compel the purchaser to take the title to premises bought by him on sale under a judgment of foreclosure. ' By the judgment entered on the direction of Mr. Justice Barnard, James W. Coleman, Esq., was appointed referee to sell, and the purchaser objects to the title upon the ground that under the act of May 4, 1869 (2 Laws of 1869, 1377, ch„ 569), such sale could only be made by the sheriff of the city and county of New York.
The plaintiff’s counsel replies that the statute relied upon is in that respect unconstitutional. As the sheriff might be interested in the question,…
2Cases cited1 opinion
- Alvord v. BeachNew York Supreme Court · 1857
3Cited by2 opinions
- Threadgill v. ColcordSupreme Court of Oklahoma · 1906
- Valentine v. McCueNew York Supreme Court · 1882