Wichman v. Aschpurwis
The Superior Court of New York City
Appeal by the purchasers at a sale, conducted by a referee, under a judgment in foreclosure, from an order denying the prayer of their petition to be relieved from the purchase ; and another appeal, by the same persons, from an order compelling them to complete the purchase. Upon the decision of the motion, from the orders entered on which the appeals are taken, the court at special term, delivered the following opinion :
1Opinion of the CourtO’Gormar, J.
Roche and Timothy Roche were purchasers at a foreclosure sale of the interest of the defendant Aschpurwis in a lease of certain real estate in this city.
They have refused to take the deed offered to them by the referee, and petition to be relieved on the grounds:
1st. That the court had not acquired jurisdiction of Aschpurwis, the mortgagor and defendant in this. foreclosure suit.
2d. That the premises which they claim to have purchased, were not free from incumbrance.
The plaintiff also moves that the purchasers be compelled to complete their purchase.
The first objection made on behalf of the…
2Cases cited8 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Staples v. . FairchildNew York Court of Appeals · 1849
- Cheney v. . WoodruffNew York Court of Appeals · 1871
- Belmont v. . CornenNew York Court of Appeals · 1880
- Mitchell v. HawleyNew York Supreme Court · 1847
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