The New York herald., 1878-09-24
THE COURTS.
A Decision Important to Real
Estate Purchasers.
ACQUITTAL OF MIR. TANNING.
Purchase OF Lottery Tickets as
Against Public Policy.

Yesterday morning Judge Daniels, Of the Supreme
Court. nled his opinion the case Of Auguste Muller
and Louis Muller, by guardian, against Charles
Struppman and others. 1t will be remembered that
the property involved In the suit valued over
$4,000 and belonged to tho estate of the late Adam
Muller Tho controversy grew out OF the will OF
Muller, and the litigation has been carried for
some years. In March last the Supreme Court rem
aered judgment directing q sale Of the real estate
and division Of the proceeds. In the month OF May
Asssrs s. g. Courtney, G. II. Swords and J. II. Bird,
who were appointed commissioners TO sell, sold the
property, which is situated In East Fourth street
and avenues and B, to Isaac Helbrun.
John Gibney and Babetts Solomon respectively.
The purchasers. however, refused to complete
tneir purchase ON some sixteen objections
raised by their counsel and conseq quence the PLAIN
tius guardian commenced proceedings TO compel the
viii Of Adam Muller con tanned provision that his
real esiate should not be divided until bis youngest
:niid should attain the age OF years ana
OF the irm OF Goldfegis Fisher counsel tor He'll
brun, was that under the will the Supreme Court had
no jurisdiction TO direct sale bo the necessity how
ever great. This point In partition cases was new
and novel one, and II was claimed BY the plain
TINS counsel that the statute passed in the
year 1914, invoked by Mr. Goldiogle, and which
provides that no real estate OF an infant should
visions OF any will did not apply to partition suits,
but only to special proceedings, and that where great
thorty 10 direct It Judge Daniels, however, In his
spinion, after stating that the Supreme Court a
Court oil Equity has NO inherent general authority
TO order the sale OF Infants real estate says:Pro.
cscdngs tor tho sale Of iniants' property have
authorized alone by Legislation, and tho limits i'm
posed upon them are therefore controlling on the
courts. Who're they are transcended to that extent
ths prccesdng s without authority and for that rsa-
son invalid" And alter quoting the statute above
referred TO the Judge says-"Tne objec,
Of the provision was 10 prevent the lunds
ct infants from being in any form sold
when sale would defeat the Instrument
under which the title should be acquired and all
ceedngs terminating in such result must conse-
quenty be void. otherwise the could
repeal the statute" Judge Daniels proceeds in his
opinion 10 show that ullsr's will subject to these
ruios, and aecdss that the sale made OF the estate
Was Unauthorized, and Tor that without con-
dertng the other objections raised denies the motion
to compel the purchasers 70 accept the utle, and
directs the commi ssioners 10 refund the deposits Of
the purchasers The latter therefore, only escape
taking bad title and suffering consequent litigation,
but saved over $50 900 which was the OF the
bids Tho purchasers were reprcsen ted by Henry NJ.
Goldfogle, Henry Fisher, ID. Solomons and James s.
Men uty, and plaintiffs guardian by Langben Broth
es besides whica several other lawyers appeared for
various defendants