Lefevre v. Laraway
New York Supreme Court
OTION by the plaintiff for a resale of premises sold under a judgment in partition. The lands sought to be partitioned were situated (being several distinct parcels, and embracing a tannery,) in the counties of Fulton and Hamilton. They belonged to the plaintiffs and the defendant Laraway, and to the widow and heirs of Isaac Van Valkenburgh, deceased. The heirs of Isaac Van Valkenburgh were infants, and appeared in the action by William Wait, their guardian ad litem.
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OTION by the plaintiff for a resale of premises sold under a judgment in partition. The lands sought to be partitioned were situated (being several distinct parcels, and embracing a tannery,) in the counties of Fulton and Hamilton. They belonged to the plaintiffs and the defendant Laraway, and to the widow and heirs of Isaac Van Valkenburgh, deceased. The heirs of Isaac Van Valkenburgh were infants, and appeared in the action by William Wait, their guardian ad litem. The lands and tannery were sold to several purchasers, on the 16th of April, 1856, by Elisha Bentley, the sheriff of the county…
1Opinion of the CourtPaige, J.
The counsel for the plaintiff makes the following points : 1. The proceedings on the sale were irregular ; 2, There was a combination between the purchasers and the other parties to the suit to prevent bidding; 3. There was a corrupt agree-*171meat between them, that the purchasers should have one half of their bid over $8000; 4. The sale of the tannery was void, because the purchase was made by the guardian ad litem of the infant defendants, for the benefit of Smith <fc Croe; 5. The plaintiff’s illness, with the inadequacy of the price, is a sufficient reason for a resale.
The irregularity in the…
2Cases cited6 opinions
- Collier v. WhippleCourt for the Trial of Impeachments and Correction of Errors · 1834
- Brown v. FrostNew York Court of Chancery · 1843
- American Insurance v. OakleyNew York Court of Chancery · 1841
- Duncan v. DoddNew York Court of Chancery · 1830
- May v. MayNew York Court of Chancery · 1844
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3Cited by16 opinions
- Graffam v. BurgessSupreme Court of the United States · 1886
- Warren v. . Union Bank of RochesterNew York Court of Appeals · 1898
- Stilwell v. . SwarthoutNew York Court of Appeals · 1880
- Wesson v. ChapmanNew York Supreme Court · 1894
- Dunn v. DunnCalifornia Supreme Court · 1902
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