Elliott v. Wood

1 Citing case

  1. Casserly v. Witherbee

    119 N.Y. 522 (N.Y. 1890)   Cited 27 times

    ( Charter v. Stevens, 3 Den. 33; Stoddard v. Denison, 38 How. Pr. 296; Bragelman v. Daue, 69 N.Y. 69.) The fact that upon the sale by the defendants under the mortgage, they became the purchasers, does not, of itself, render the sale void. ( Olcott v. T.R.R. Co., 27 N.Y. 546; Edmiston v. Brucker, 40 Hun, 256; King v. Walbridge, 48 id. 470; Elliott v. Wood, 45 N.Y. 71; Hall v. Ditson, 5 Abb. [N.C.] 198.) But the other facts alleged in the complaint show that the sale was void, or if not void, that it was certainly voidable; and it could be vacated and set aside, if necessary, as part of the relief in this action.