Ray v. Paterson General Hospital
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Anna B. Ray against the Paterson General Hospital and others to foreclose a mortgage. From an order relieving Henry Waters, purchaser at foreclosure sale, from his purchase (59 N. Y. Supp. 1047), some of the defendants appeal.
1Opinion of the Court
RUM8EY, J.
A judgment of foreclosure and sale was entered in this action, and the premises were advertised for sale on the 26th day of April, 1899, and were bid off by Henry Waters; the respondent here, who, at the time, paid to the referee 10 per cent, of the purchase money and certain fees, amounting in all to $1,819.50, the purchase price of the premises being $18,025. When the time came for closing the sale, he refused to take the title, having discovered, as he says, that the premises were subject to the covenant against *664nuisances, as it was called, of which he was ignorant at the time of…
2Cases cited8 opinions
- Forster v. . ScottNew York Court of Appeals · 1893
- Riggs v. . PursellNew York Court of Appeals · 1876
- Riggs v. . PursellNew York Court of Appeals · 1878
- Wetmore v. . BruceNew York Court of Appeals · 1890
- Kountze v. HelmuthNew York Supreme Court · 1893
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