Majority
p. 880William Schwegler, Resp’t, v. Susan Bray, App’lt. N, Y. C. 0,, December 17, 1894.
James R. Angel, for app’lt, John P Schuchman, for respt
We entirely agree with the appellant’s contention that, if the premises sold consisted of two or more known lots, the sheriff’s sale was wrongfully made; but the appeal record shows that the premises so sold were never so known, but, on the contrary, were always described as a single lot or plot. Upon this application, the duty rested upon appellant to establish, by a preponderance of proof, that said premises consisted of two or more known lots. This he has failed to do; but, as above stated, the record shows precisely
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the contrary. The order must therefore be affirmed, with costs; this, without considering the other points raised by respondent’s counsel.