Thorn v. Sheil
New York Court of Common Pleas
Motion to compel purchaser to complete purchase. This motion was made after judgment and sale in an action to foreclose a mortgage, brought by William K. Thorn against Lawrence Sheil and Lucy, his wife, to compel John Hanken and another, who had bid in the property at the foreclosure sale, to complete their purchase.
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Motion to compel purchaser to complete purchase. This motion was made after judgment and sale in an action to foreclose a mortgage, brought by William K. Thorn against Lawrence Sheil and Lucy, his wife, to compel John Hanken and another, who had bid in the property at the foreclosure sale, to complete their purchase. The fee of the premises in question, subject to the mortgage forclosed, became vested in Michael McCaffry, in May, 1864. Michael McCaffry died seized in September, 1871, at this city, unmarried, leaving a last will and testament, by which “ after all his lawful debts and funeral…
1Opinion of the Court
Robinson, J. [After stating facts.]
The name of Sheil, as contained in the foreclosure proceeding, is different from Shields, the name of the devisee and husband, but if the true parties were those that were served, an amendment might be made in this respect; but until so amended the objection must prevail for such variance.
*84Assuming that this error is the subject of amendment, the title which the purchaser on the foreclosure sale is required to accept, depends on that which was possessed by Lawrence Shields and wife, under the devise to the latter in the will of her uncle.
The purchaser at a…
2Cases cited5 opinions
- Staring v. BowenNew York Supreme Court · 1849
- Wortman v. WortmanNew York Supreme Court · 1863
- Cook v. FarrenNew York Supreme Court · 1861
- Hyatt v. WagenrightNew York Supreme Court · 1859
- Brooks v. SchultzNew York Supreme Court · 1867