New York Surrogate's Court, 1870

In re the Sale of the Real Estate of Campbell

In re the Sale of the Real Estate of Campbell
New York Surrogate's Court · Decided July 1, 1870 · Subbogate
1 Tuck. Surr. 240

Counsel

F. C. Cántese, for Creditor. ■

In re the Sale of the Real Estate of Campbell

Opinion of the Court

. 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. .

Case-law data current through December 31, 2025. Source: CourtListener bulk data.