Central National Bank v. Industrial Trust Co.

Consideration must be given first to the motion to dismiss and the petitions to amend, for a decision in favor of the purchaser on either of those matters would make unnecessary any attention to the substantive points of the controversy.

The sale actually took place on July 20 but the original petitions set forth the date as July 26. This mistake is obviously immaterial because the date of sale could have been omitted entirely without invalidating the petitions. Other information therein set forth is ample to fully inform the purchaser of the nature of the proceeding and to enable him to…