Opinion
January, 1926.
Present — Hubbs, P.J., Clark, Davis, Sears and Crouch, JJ.
Judgment directed for plaintiff upon the submission, directing the defendant to specifically perform the contract for the purchase of the real property described in the submission, without costs to either party. Held, that the title to the real property described in the submission is a marketable one; that the proceeding committing Elizabeth A. Whittington to the State hospital as an insane person, and subsequent proceedings appointing Henry E. Alexander as committee of her person and property were in all respects regular and valid; that the failure to demand a trial by jury of the question of her competency constituted a waiver of such right, and the defendant cannot here raise collaterally the validity of the determination of the incompetency of said Elizabeth A. Whittington or impeach the right of the committee to administer her property. ( Sporza v. German Savings Bank, 192 N.Y. 8.) All concur.