Kennedy v. . Lamb
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, made March 3, 1905, which affirmed an order of Special Term granting a motion to compel the appellants herein to complete their purchase of certain real property made at a sale in partition in the above-entitled action. ' The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, made March 3, 1905, which affirmed an order of Special Term granting a motion to compel the appellants herein to complete their purchase of certain real property made at a sale in partition in the above-entitled action. ' The facts, so far as material, are stated in the opinion. The order "of publication under which jurisdiction is claimed to have been obtained of certain of the defendants was made upon insufficient proof. (Code Civ. Pro. § 438; Kendall v. Washburn, 14 How. Pr. 180;…
1Opinion of the CourtVann, J.
The purchasers at the sale in this action, which was brought to partition lands in the borough of Brooklyn, refused to complete their purchase upon the ground that the title was defective. By an order, made at Special Term and affirmed by the Appellate Division, they were directed to comply with the terms of sale and they now appeal to this court for relief from what they consider an unlawful command. They claim that the court which rendered the judgment in partition did not acquire jurisdiction of several persons, each a necessary party defendant, because they were not personally served with…
2Cases cited5 opinions
- Carleton v. . CarletonNew York Court of Appeals · 1881
- Crouter v. . CrouterNew York Court of Appeals · 1892
- McCracken v. . FlanaganNew York Court of Appeals · 1891
- Kennedy v. New York Life Insurance & Trust Co.New York Court of Appeals · 1886
- Belmont v. . CornenNew York Court of Appeals · 1880
3Cited by17 opinions
- D'Autremont v. Anderson Iron Co.Supreme Court of Minnesota · 1908
- Swidler v. Knocklong Corp.New York Court of Appeals · 1953
- McLaughlin v. McCannAppellate Division of the Supreme Court of the State of New York · 1907
- Partenfelder v. PeopleAppellate Division of the Supreme Court of the State of New York · 1913
- Rome Trust Co. v. CummingsNew York Supreme Court · 1924
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