Boyer v. . East
New York Court of Appeals
Appeal from a judgment of the Appellate Division of- the Supreme Court in the fourth judicial department, entered February 18, 1898, affirming a judgment in favor of defendants entered upon a dismissal of the complaint upon the merits at a Special Term. In 1879, the plaintiffs’ father, James E. Boyer, died, intestate and seized of certain real estate in the city of Rochester. He left him surviving a wife and two children, the latter being these plaintiffs.
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Appeal from a judgment of the Appellate Division of- the Supreme Court in the fourth judicial department, entered February 18, 1898, affirming a judgment in favor of defendants entered upon a dismissal of the complaint upon the merits at a Special Term. In 1879, the plaintiffs’ father, James E. Boyer, died, intestate and seized of certain real estate in the city of Rochester. He left him surviving a wife and two children, the latter being these plaintiffs. In 1882, the mortgagee in a mortgage, made by Boyer and his wife to secure the payment of his bond, instituted foreclosure proceedings;…
1Opinion of the CourtGray, J.
The plaintiffs contend, first, that the sale to their mother was voidable under the rule in equity which forbids purchases by trustees and, second, that it was void under section 1679 of the Code' of Civil Procedure. Their first contention raises the question of the right of their mother, who was their guardian in socage, to purchase in her own name at the foreclosure sale. Under the statutes of this state, as their father had died intestate, they became vested with an estate in his lands and, being infants, their mother was their guardian in socage. Such guardianship continues, unless…
2Cases cited3 opinions
- O'Donoghue v. . BoiesNew York Court of Appeals · 1899
- Emerson v. . SpicerNew York Court of Appeals · 1871
- Byrne v. Van HoesenNew York Supreme Court · 1809
3Cited by18 opinions
- Woodbridge v. BockesAppellate Division of the Supreme Court of the State of New York · 1901
- Ferrell v. LordWashington Supreme Court · 1906
- Jefferson v. . BangsNew York Court of Appeals · 1909
- Little Bill v. SwansonWashington Supreme Court · 1911
- Cahill v. SeitzAppellate Division of the Supreme Court of the State of New York · 1904
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