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Fryer v. Rockefeller

11 N.Y. Sup. Ct. 800 Court N.Y. Sup. Ct. English

Decision Majority — Boardman, J. · Concurring — Learned, P. J.,

Contents
p. 800
ABRAM FRYER, Respondent, v. STEPHEN ROCKEFELLER and others.

Headnote

Foreclosure sale — defeats in title—when pun-chases- not excused, by.
The purchaser at a mortgage foreclosure sale cannot refuse to carry out his purchase on account of defects of title prior to the execution of the mortgage foreclosed. It is the equity of redemption that is cut oft' by the sale; that is all that the law authorizes to be done, and the purchaser is bound to know, when he bids, that he is getting nothing else. (Boardman, J.) (3 Barb. Ch. Pr. [2d ed.], 529; Holden v. Sackett, 12 Abb., 473 .)
Appeal by Isaac B. Findull, the ■ purchaser at a sale, under judgment of foreclosure and sale in this action, from an order made at the Saratoga Special Term, directing the purchaser to perfect his purchase, etc.
Isaac L. Egbert, for the appellant.
L'Amoreaux & Dake, for the respondent.

Opinion by

Present — Learned, P. J., Boardman and James, JJ.

concurred in the result, for. the reason that adverse possession appeared to have accompanied the paper title claimed under since 1833.

Order affirmed, with ten dollars costs and expenses of printing.