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2 Thomp. & Cook 675

Barnes v. Stoughton

New York Supreme Court

Decided March 15, 1874

New York Supreme Court · decided 1874-03-15

<p> Foreclosure—opening sale. </p> <p>In an application for a re-sale of mortgaged premises upon the ground that the premises sold did not bring their full value, the moving affidavits showed, not what was the true market, but a speculative value. Held, that a re-sale should not be ordered.</p>

Decided 1874-03-15

Tappen, J.

¶1The premises had, under the judgment of foreclosure, been sold three times, and the sale opened twice. Epon the third sale the manner of sale was agreed upon by all parties. The opinion is chiefly devoted to a consideration of facts, and the judgment of the special term was affirmed on the ground that such facts did not warrant an opening of the sale. The head-note gives all of value for publication.

¶2Order affirmed.

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