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Schwegler v. Bray

31 N.Y.S. 1133 Court N.Y. City Ct. Decision date 1894-12-17 English

Delivered by FITZSIMONS, J.

Contents

Majority

p. 1133
SCHWEGLER, Respondent, v. BRAY, Appellant.
(City Court of New York, General Term.
December 17, 1894.)

Headnote

Action by William Schwegler against Susan Bray.
James R. Angel, for appellant.
John P. Schuchman, for respondent.

We entirely agree with appellant’s contention that, if the premises sold consisted of two or more known lots, the sheriff’s sale was wrongfully made; but the appeal record shows that the premises so sold were never so known, but, on the contrary, were always described as a single lot or plot. Upon this application, the duty rested upon appellant to establish, by a preponderance of proof, that said premises consisted of two or more known lots. This he has failed to do; but, as above stated, the record shows precisely the contrary. The order must therefore be affirmed, with costs; this, without considering the other points raised by respondent’s counsel.