10 Paige Ch. 41
Decided January 4, 1843
New York Court of Chancery · decided 1843-01-04
This was an application to set aside a master’s sale. It appeared that the property had been previously sold by the master, and that an application had been made to the court, without notice to the defendants who had appeared in the cause, and an order granted discharging the purchaser and ordering'a resale. And upon the second sale the property was sold for less than on the first.
Decided 1843-01-04
¶1said the order for a resale of the premises was irregular ; that a defendant who had appeared in the suit, and who had an interest in the property or in the proceeds thereof, was entitled to notice of an application either to discharge a purchaser at a master’s sale, or for a resale of the property where the purchaser had neglected to comply with the terms of sale and to complete his purchase.
¶2Order setting aside the sale.