Kirk v. . Kirk
New York Court of Appeals
Appeal from order of General Term of the Supreme Court in the third judicial department, made February 14, 1898, which affirmed, an order of Special Term overruling the appellants’ objections to the title to land purchased by them on a sale under interlocutory judgment herein directing them to complete their purchase. This was an action for partition.
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Appeal from order of General Term of the Supreme Court in the third judicial department, made February 14, 1898, which affirmed, an order of Special Term overruling the appellants’ objections to the title to land purchased by them on a sale under interlocutory judgment herein directing them to complete their purchase. This was an action for partition. "Upon a motion to compel Michael J. and Daniel F. Mahony, purchasers at a sale ander the interlocutory judgment, to complete their purchase, the following facts appeared : Andrew Kirk died in 1857 leaving a will by which he gave his property to…
1Opinion of the CourtMaynard, J.
"We fail to find any defects in the title which the purchaser will acquire upon the partition sale, sufficient to relieve him from his obligation to complete the purchase and pay the amount of his bid. It may be assumed that the will of Andrew Kirk created a valid express trust in one-seventh of his real property for the benefit of his daughter, Mrs. Pruyn and her heirs; but the appointment of a trustee, and his presence as a party in the partition suit, was not essential to give the court complete jurisdiction of the action, and invest it with authority to render a judgment, effectually…
2Cases cited3 opinions
- Kent v. . Church of St. MichaelNew York Court of Appeals · 1892
- Rogers v. . RogersNew York Court of Appeals · 1888
- Woodhull v. . LittleNew York Court of Appeals · 1886
3Cited by10 opinions
- Ruggles v. TysonWisconsin Supreme Court · 1899
- Tonnele v. . WetmoreNew York Court of Appeals · 1909
- Gray v. SmithU.S. Circuit Court for the District of Northern California · 1896
- Rhodes v. CaswellAppellate Division of the Supreme Court of the State of New York · 1899
- Smith v. . SecorNew York Court of Appeals · 1898
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