Grady v. Ward

New York Supreme Court

Grady v. Ward

20 Barb. 543, 1855 N.Y. App. Div. LEXIS 110

CourtNew York Supreme Court

DecidedSeptember 3, 1855

StatusPublished

Cited by6 cases

This text of 20 Barb. 543 (Grady v. Ward) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Grady v. Ward, 20 Barb. 543, 1855 N.Y. App. Div. LEXIS 110 (N.Y. Super. Ct. 1855).

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Opinion

By the Court, Mitchell, P. J.

The purchaser in this case, objects that the title is not good. It may be that the order of the vice chancellor, authorizing the execution of the mortgage which was foreclosed, was void as against the devisees under the will, and yet the title would be good if those devisees would release. They are of age and consent to a release ; and as there has been no unreasonable delay in proving the release, and it was ready before the hearing at the special [547]*547term, the purchaser is not excused from taking the title. (Dutch Church in Garden street v. Mott, 7 Paige, 85.) The title of the mortgagor is good by adverse possession. That is such a title as a purchaser is bound to take, even on a judicial sale.

[New York General Term, September 3, 1855.

Order of the special term affirmed, with costs.

Mitchell, Roosevelt and Morris, Justices.]

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By the Court, Mitchell, P. J.

The purchaser in this case, objects that the title is not good. It may be that the order of the vice chancellor, authorizing the execution of the mortgage which was foreclosed, was void as against the devisees under the will, and yet the title would be good if those devisees would release. They are of age and consent to a release ; and as there has been no unreasonable delay in proving the release, and it was ready before the hearing at the special [547]*547term, the purchaser is not excused from taking the title. (Dutch Church in Garden street v. Mott, 7 Paige, 85.) The title of the mortgagor is good by adverse possession. That is such a title as a purchaser is bound to take, even on a judicial sale.

[New York General Term, September 3, 1855.

Order of the special term affirmed, with costs.

Mitchell, Roosevelt and Morris, Justices.]

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20 Barb. 543, 1855 N.Y. App. Div. LEXIS 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grady-v-ward-nysupct-1855.

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