Majority
p. 53William F. Corwith, Pl’ff, v. Lawrence Barry et al., Def'ts. (Supreme Court, General Term, Second Department, Filed May 8, 1893.)
Headnote
Judicial sale—Resale.Where there has been a misapprehension respecting the adjournment of a foreclosure sale on the part of a judgment creditor who was present to protect his judgment, resulting either from misinformation or design, it is inequitable to permit the sale to stand, and an order directing a resale is .proper.
Appeal by James P. Sloane, the purchaser at a sale on foreclosure, from an order setting aside the sale and directing a resale.
Thomas F. Maguer, for app’lt; James F. Quigley, for resp’t.
This is an appeal from an order of the county court of Kings county, directing a resale of the property described in the complaint.
The action is for the foreclosure of a mortgage, and the sale was under the judgment thereon.
There was a misapprehension respecting the adjournment of the sale on the part of the judgment creditor who was present to protect his judgment. Either the misinformation respecting the adjournment of the sale was the result of design or misinformation, and in either case it would be inequitable to permit the sale to stand.
The order appealed from is just and should be affirmed, with ten dollars costs and disbursements.
Barnard, P. J., and Pratt, J., concur.