Toole v. . Toole
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made at the' Hay Term, 1888, which confirmed the report of a referee and affirmed an order of Special Term denying a motion by appellant toberelieved from his purchase at a sale in partition, and also appeal from order of said General Term, made January 23, 1888, upon the first hearing of the appeal from said Special Term order, by which a referee was appointed to take proof as to…
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made at the' Hay Term, 1888, which confirmed the report of a referee and affirmed an order of Special Term denying a motion by appellant toberelieved from his purchase at a sale in partition, and also appeal from order of said General Term, made January 23, 1888, upon the first hearing of the appeal from said Special Term order, by which a referee was appointed to take proof as to alieanage of certain persons the appellant claimed should have been made parties to this action. This action was brought…
1Opinion of the CourtGray, J.
It is well settled by the decisions that a purchaser at a judicial sale should not be compelled by the courts to accept a doubtful title. Where irregularities or defects exist in the proceedings, which require further or other proceedings in order to cure them, the objection of an intending purchaser, based upon their existence, should not be overruled and his contract of purchase be directed to be completed. His contract called for a good title, and if it was bad or doubtful, he should, on his application, be relieved from completing the purchase. In these partition proceedings the absence…
2Cited by16 opinions
- Heller v. . CohenNew York Court of Appeals · 1897
- Maroney v. TannehillSupreme Court of Oklahoma · 1923
- Moot v. . Business Men's Investment Assn.New York Court of Appeals · 1898
- Raymond v. GilmanSupreme Court of Connecticut · 1930
- Crocker Point Assn. v. . GouraudNew York Court of Appeals · 1918
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