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Schwegler v. Bray

City Court of New York — General Term
Dec 1, 1894
10 Misc. 789 (N.Y. City Ct. 1894)

Opinion

December, 1894.

James R. Angel, for appellant.

John P. Schuchman, for respondent.


We entirely agree with appellant's contention that if the premises sold consisted of two or more known lots, that the sheriff's sale was wrongfully made; but the appeal record shows that the premises so sold were never so known, but, on the contrary, were always described as a single lot or plot; upon this application, the duty rested upon appellant to establish by a preponderance of proof that said premises consisted of two or more known lots.

This he has failed to do, but, as above stated, the record shows precisely the contrary.

The order must, therefore, be affirmed, with costs; this without considering the other points raised by respondent's counsel.

CONLAN, J., concurs.

Order affirmed, with costs.


Summaries of

Schwegler v. Bray

City Court of New York — General Term
Dec 1, 1894
10 Misc. 789 (N.Y. City Ct. 1894)
Case details for

Schwegler v. Bray

Case Details

Full title:WILLIAM SCHWEGLER, Respondent, v . SUSAN BRAY, Appellant

Court:City Court of New York — General Term

Date published: Dec 1, 1894

Citations

10 Misc. 789 (N.Y. City Ct. 1894)