Brown v. Mount

Appellate Division of the Supreme Court of New York

Brown v. Mount

56 N.Y.S. 613

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 14, 1899

StatusPublished

This text of 56 N.Y.S. 613 (Brown v. Mount) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Mount, 56 N.Y.S. 613 (N.Y. Ct. App. 1899).

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Opinion

PER CURIAM.

Assuming that the will of the deceased, througfe whom all parties claim title, was erroneously construed by the special* term (which we by no means assert), still the question was one fairly for litigation, and the judgment rendered in the action is conclusive ora [614]*614all the parties; and, as there is no person having any possible interest in the title who was not made a party to the action, the title of the purchaser is absolutely secure; he is protected by the judgment. Blakeley v. Calder, 15 N. Y. 617; Jordan v. Van Epps, 85 N. Y. 427.

The order should be reversed, and motion to compel purchaser to take title granted, with $10 costs and disbursements.

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PER CURIAM.

Assuming that the will of the deceased, througfe whom all parties claim title, was erroneously construed by the special* term (which we by no means assert), still the question was one fairly for litigation, and the judgment rendered in the action is conclusive ora [614]*614all the parties; and, as there is no person having any possible interest in the title who was not made a party to the action, the title of the purchaser is absolutely secure; he is protected by the judgment. Blakeley v. Calder, 15 N. Y. 617; Jordan v. Van Epps, 85 N. Y. 427.

The order should be reversed, and motion to compel purchaser to take title granted, with $10 costs and disbursements.

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Bluebook (online)

56 N.Y.S. 613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-mount-nyappdiv-1899.

Opinion

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