Archer v. . Archer
New York Court of Appeals
Appeal from an. order of the late General Term of the Supreme Court in the second judicial department, entered March 5, 1895, affirming an order of Special Term directing an assignee of the purchaser at a partition sale to complete the purchase. The facts, so far as material, are stated in the opinion. The order appealed from is reviewable here. (Code Civ.
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Appeal from an. order of the late General Term of the Supreme Court in the second judicial department, entered March 5, 1895, affirming an order of Special Term directing an assignee of the purchaser at a partition sale to complete the purchase. The facts, so far as material, are stated in the opinion. The order appealed from is reviewable here. (Code Civ. Pro. §§ 190,1337; People ex rel. v. Common Council, 78 N. Y. 56; Howell v. Mills, 53 N. Y. 322; Bamberg v. Stern, 76 N. Y. 555.) The Special Term was without power to compel the appellant to complete the Booth purchase. ( Wood v. Mann, 3…
1Opinion of the Court
Parker, Ch. J.
In pursuance of a judgment of sale in partition, the appellant Bach purchased lot Eo. 2, while William Booth bought lot Eo. 1. The terms of sale were signed by the purchasers respectively, who, at the same time, paid down ten per cent required upon the signing of the terms of sale. A few days later Bach took an assignment of Booth’s bid, and immediately thereafter advised the attorney for the plaintiff that he had done so, at the same time directing that a deed be prepared conveying to him lots Eos. 1 and 2 in one conveyance. The referee prepared and executed the deed in…
2Cases cited4 opinions
- Requa v. ReaNew York Court of Chancery · 1831
- Cazet v. . HubbellNew York Court of Appeals · 1867
- Miller v. CollyerNew York Supreme Court · 1862
- Proctor v. FarnamNew York Court of Chancery · 1836
3Cited by8 opinions
- National Bank of Stamford v. Van KeurenAppellate Division of the Supreme Court of the State of New York · 1992
- Rice v. AhlmanWashington Supreme Court · 1912
- Dickinson-Reed-Randerson Co. v. MarkleySupreme Court of Oklahoma · 1926
- Austin v. BallardSupreme Court of Kansas · 1911
- State Bank v. WilchinskyAppellate Division of the Supreme Court of the State of New York · 1908
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