Kingsland v. Bartlett
New York Supreme Court
APPEAL from an order made at a special term, denying a motion to set aside a sale of mortgaged premises under a decree of foreclosure, and for a resale of the property. The motion was made by Timón, a judgment creditor of Bartlett, the mortgagor, whose judgment was recovered subsequent to the date of the mortgage.
Read the full summary
APPEAL from an order made at a special term, denying a motion to set aside a sale of mortgaged premises under a decree of foreclosure, and for a resale of the property. The motion was made by Timón, a judgment creditor of Bartlett, the mortgagor, whose judgment was recovered subsequent to the date of the mortgage. The grounds of the motion were, inadequacy of price, and the fact that Timón, who intended to bid upon the property, in order to protect himself, was misled by one of the plaintiff's attorneys, in regard to the probability of a sale taking place, and was thus prevented from…
1Opinion of the Court
By the Court, Clerke, J.
An application to open a sale under a judgment, on the ground of misapprehension as to the time of sale, or any other circumstances not affecting the regularity of the proceedings, must necessarily be addressed to the discretion of the court. And this discretion is regulated, as in every case where the court is called to exercise it, by the consideration whether, from the collateral facts, the conduct of the parties, and perhaps the amount for which the property was sold, it would be •expedient, in justice to all concerned, including the purchaser, to order a resale.…
2Cited by5 opinions
- Depew v. C. B. DeweyNew York Supreme Court · 1874
- Judson v. O'ConnellNew York Supreme Court · 1891
- National Bank of the Metropolis v. SpragueSupreme Court of New Jersey · 1869
- Bond v. CharleenSupreme Court Of The Territory Of Dakota · 1875
- White v. CoulterNew York Supreme Court · 1874