Becker v. Muehlig — 248 N.Y. 543

Majority

p. 543

Dorothea E. Becker, Appellant, v. John A. Muehlig, Individually and as Executor of Louis Muehlig, Deceased, et al., Defendants, and Caroline A. R. Harsch et al., Respondents.

Headnote

Vendor and. purchaser — practice — partition—judicial sale — referee must conform to directions of judgment — motion to compel bidder to complete purchase denied.

Becker v. Muehlig, 221 App. Div. 512 , affirmed.

(Submitted April 6, 1928;

decided May 1, 1928.)

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 17, 1928, which reversed an order of Special Term directing defendant Harsch to complete her purchase of premises bid in by her at a sale in partition and denied a motion to compel her so to do. By the inter

p. 544

locutory decree in partition the premises were directed to be sold “ free from the lien of all debts.” The property was offered for sale by the referee “ subject to all unpaid paving taxes.” The successful bidder refused to complete on the ground that she supposed she was buying the property free from all liens as directed by the judgment. The Appellate Division held that it was the duty of the referee to conform to the directions of the judgment.

John G. Lesswing for appellant.

Gottfried H. Wende for respondents.

Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and Kellogg, JJ. Not sitting: O’Brien, J.