In re the Sale of the Real Estate of Campbell

New York Surrogate's Court

In re the Sale of the Real Estate of Campbell

1 Tuck. Surr. 240

DecidedJuly 1, 1870

StatusPublished

This text of 1 Tuck. Surr. 240 (In re the Sale of the Real Estate of Campbell) is published on Counsel Stack Legal Research, covering New York Surrogate's Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Sale of the Real Estate of Campbell, 1 Tuck. Surr. 240 (N.Y. Super. Ct. 1870).

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Opinion

. The Subbogate.

This sale has been so irregularly conducted, that I am compelled to vacate it.

The description published of the land sold was incorrect and faulty. Thé sum bid was clearly disproportionate to its value, and at least ten per cent more ought to and may be obtained by a re-sale.

The purchaser is entitled to be repaid his ten per cent deposited, and also the'auctioneer’s fees paid by him.

But I have no power to allow" him any counsel fee on this proceeding, or "on examining the title. It may be a hardship to him, but the allowance of such a fee would be altogether beyond the statutory powers of a Surrogate. .

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. The Subbogate.

This sale has been so irregularly conducted, that I am compelled to vacate it.

The description published of the land sold was incorrect and faulty. Thé sum bid was clearly disproportionate to its value, and at least ten per cent more ought to and may be obtained by a re-sale.

The purchaser is entitled to be repaid his ten per cent deposited, and also the'auctioneer’s fees paid by him.

But I have no power to allow" him any counsel fee on this proceeding, or "on examining the title. It may be a hardship to him, but the allowance of such a fee would be altogether beyond the statutory powers of a Surrogate. .

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Bluebook (online)

1 Tuck. Surr. 240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-sale-of-the-real-estate-of-campbell-nysurct-1870.