Gittings v. Morris

Parke, J.,

filed the following concurring opinion.

While concurring in the result, it is the writer’s judgment that the opinion of the court should have explicitly disapproved the practice of a trustee (1) selling land under a dormant decree obtained by virtue of section 243 of article 16 of the Code without any action to- have the court revive the decree, and (2) imposing building conditions and restrictions both upon the- portion of the land sold and that unsold without having first applied for and obtained the court’s authorization.

1. In the instant case an entire tract of land of 191.508…