Lockwood v. McGuire
New York Supreme Court
Thomas McGuire, one of the defendants, moved to set aside the sale in this action, made under a judgment in foreclosure. The sale was made in October, 1878, and the motion was not made until May, 1879. The grounds of the motion were that the property was put up in one parcel, under terms of sale, by which it was to be bought subject to taxes and assessments. It was alleged that the property sold for an inadequate sum, and that the terms of sale had produced that result.
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Thomas McGuire, one of the defendants, moved to set aside the sale in this action, made under a judgment in foreclosure. The sale was made in October, 1878, and the motion was not made until May, 1879. The grounds of the motion were that the property was put up in one parcel, under terms of sale, by which it was to be bought subject to taxes and assessments. It was alleged that the property sold for an inadequate sum, and that the terms of sale had produced that result. The judgment did not require that the taxes and assessments should be paid, and it was shown, on behalf of the purchaser,…
1Opinion of the CourtBrady, J.
The application to set aside the sale is met ' with complete answers to all. the material facts urged on behalf of the applicant. The sale at the time it took place in consideration of the recent advance in the value of real estate, was a very unfortunate circumstance for him, because he seems to have been pecuniarily unable to protect his interests. It is rendered the more unfortunate, from the fact that a good loan has been made upon the premises for which they were sold, thus giving conclusive evidence that the advance referred to has occurred, and that if the sale had been delayed the…
2Cited by2 opinions
- In re the Estate of KrabbeNew York Surrogate's Court · 1957
- Farmers' Loan & Trust Co. v. Bankers & Merchants' Telegraph Co.New York Supreme Court · 1889