¶1This is an appeal by the defendant, Dennis J. Menton, from part of the order made, at Special Term, which order set aside a sále of certain property under a judgment foreclosing certain mechanics’ liens against real property.
¶2The affidavit shows that services in examination of the title were worth $50, and also shows that the plaintiff was unaware that Dennis J. Menton had a wife.
¶3The order was within the power of the court, and we see no injustice in reimbursing the purchaser from the proceeds of the sale of the property.
¶4The order should be affirmed, with costs.
¶5Schuchman, J., concurs.
¶6Order affirmed, with costs.