Carpenter v. Shanley

Garrison, V. C.

This is a petition on behalf of the purchaser at a master’s sale, praying that the master be directed to pay out of the purchase-money the sum of $350, which is the amount of an assessment for an improvement to the property, which assessment was confirmed against the property on the 9th day of February, 1909.

The property was sold by the master on the 30th day of De-' cember, 1908, and the conditions of sale provide that it was sold free and clear of encumbrance. Both parties admit without argument that whatever the law might otherwise be, the conditions of sale control the…