Brown v. Mount

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

Decided July 1, 1899

Appellate Division of the Supreme Court of the State of New York · decided 1899-07-01

Appeal by the plaintiffs, Clara J. Brown and others, and by the defendant, Henry R. Mount,- from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of- Kings on the 14th day of February, 1899, denying their motion to compel John Potts, the purchaser at a sale had in the above-entitled action, to complete his purchase.

Relies on Blakeley v. . Calder

Decided 1899-07-01

Per Curiam :

¶1Assuming that the will of the deceased, through 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 on all 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 id. 427.)

¶2The order should be reversed and motion to compel purchaser to take title granted, with ten dollars costs and disbursements.

¶3All concurred.

¶4Order reversed, with ten dollars costs and disbursements, and motion to compel purchaser to take title granted, with ten dollars costs.