Bicknell v. Byrnes
New York Supreme Court
This was an action to foreclose a mortgage. None of the defendants appeared, and judgment of foreclosure was obtained in the usual manner for a sale, &c. The sheriff of Oneida county duly advertised the premises to be sold April 21st, 1862, A stranger to the suit attended the sale, and bid off the premises for the amount of the judgment and expenses. No memorandum of the sale was made or signed by the bidder.
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This was an action to foreclose a mortgage. None of the defendants appeared, and judgment of foreclosure was obtained in the usual manner for a sale, &c. The sheriff of Oneida county duly advertised the premises to be sold April 21st, 1862, A stranger to the suit attended the sale, and bid off the premises for the amount of the judgment and expenses. No memorandum of the sale was made or signed by the bidder. The purchaser refused to complete his purchase on the ground that he had been deceived in the condition of the premises; and the sheriff, after a delay of two weeks, re-advertised the…
1Opinion of the Court
Mullin, Justice.
By rule 73, sheriffs and referees are required to give notice of the sale of mortgaged premises in the county, for the same time and in the same manner as required by law on sales of real estate by sheriffs on executions. Rule 74 directs when the premises shall be sold in gross or in parcels. With the exception of these rules, the officer conducting the sale is left without definite instructions as to the mode of performing his duty. It is his duty, at the time and place of sale, 1st. To announce the terms of sale, if they are not contained in the notice ot sale. 2d. To offer…
2Cases cited1 opinion
- National Fire Insurance v. LoomisNew York Court of Chancery · 1845
3Cited by3 opinions
- Syracuse Trust Co. v. CoreyNew York Supreme Court · 1938
- In re PhilipNew York Supreme Court · 1916
- Egan v. BuellesbachAppellate Division of the Supreme Court of the State of New York · 1906