Majority
p. 301John Duer, Resp’t, v. Lellie Dowdney, App'lt. (Supreme Court, General Term, First Department, Filed October 27, 1887.)
Headnote
1. Judicial bale—Irregularity—Purchaser cajnnot raise question.The purchaser at a judicial sale of real property by a referee cannot raise the question as to the sale of two lots together.
% Same—Irregularity—How cured.
Any irregularity committed by the referee in so conducting the sale would be cured by an order of the court confirming the sale.
•3. Same—Order directing purchaser to complete sale.
An order directing the purchaser to complete the sale is equivalent to such an order of confirmation.
Appeal from order granting motion to compel purchaser to take title, and from order denying motion to relieve purchaser.
T. C. Ennever, for app’lt; Martin & Smith, for resp’t.
—The orders should be affirmed, on the grounds that the purchaser cannot raise the question as to the sale of the two lots together, and that if any irregularity was committed by the referee in so conducting the sale, the same could have been cured by an order of the court confirming the sale, and the order directing the purchaser to complete was equivalent to such an order of confirmation.
The orders should be affirmed, with ten dollars costs and disbursements.