Joseph Hetzel, Respondent v. William C. Barber, Appellant

Summary

The New York Court of Appeals affirmed the lower court's judgment that the defendant, a purchaser at a sheriff's sale, was entitled to one‑third of the Dennis place and that the plaintiff could not obtain title to the remaining two‑thirds conveyed by the daughters. The court held that the husband’s power of sale merged with his fee interest, that the daughters could freely convey their interests, extinguishing the power, and that a prior lease did not defeat the defendant’s title.