Noble v. Cromwell
New York Supreme Court
Petition by purchaser in partition, to be discharged from his purchase. The action was for partition. The complaint averred “ that in or about the month of March, 1847, Benjamin Brooks departed this life, leaving certain real estate, and among others the house and lot known as Bo. 14 Dey-street, in the city of Bew York, more particularly hereinafter described, and which was by his last will and testament—duly recorded in the office of the surrogate of the city and county of…
Read the full summary
Petition by purchaser in partition, to be discharged from his purchase. The action was for partition. The complaint averred “ that in or about the month of March, 1847, Benjamin Brooks departed this life, leaving certain real estate, and among others the house and lot known as Bo. 14 Dey-street, in the city of Bew York, more particularly hereinafter described, and which was by his last will and testament—duly recorded in the office of the surrogate of the city and county of Bew York, and a copy of which is hereto annexed—devised to his several children (naming them), in nine parts, as stated…
1Opinion of the CourtIngraham, J.
Under a decree in partition in this case, Charles Bridge became the purchaser of certain premises in this city, which sale has not been completed, and he now moves for an order vacating such sale for alleged irregularities in the proceedings, and for defects in the title to the premises.
The various objections taken' to the- proceedings, so far as they relate to the parties who appeared therein, cannot affect the title to the premises. Any error in stating the interests and shares of the parties, or any omissions to state what, on motion, the plaintiffs might have been compelled to insert by…
2Cases cited2 opinions
- Gardner v. LukeNew York Supreme Court · 1835
- Jackson ex dem. Antell v. BrownNew York Supreme Court · 1808
3Cited by2 opinions
- Adams v. SmithNew York Supreme Court · 1887
- Weise v. WelshNew Jersey Court of Chancery · 1879