New York Court of Appeals

Louis Greenblatt, Appellant v. David Hermann, Respondent

November 27, 1894144 N.Y. 13

Summary

The New York Court of Appeals held that the surrogate's petition satisfied the statutory requirement to name all heirs, so the title was not defective, and reversed the lower court's dismissal, remanding for a new trial on specific performance. The court emphasized that a vendee must prove a real defect or marketability issue, not merely conjecture.