Peppard Realty Co. v. Emdon

Blackmar, P. J.:

It is not necessary to consider the points submitted on the appeal from the order confirming the referee’s report, for the judgment must be reversed as not supported by the findings of fact.

The plaintiff was the owner of the equity of redemption of real property under foreclosure. The defendant is in the position of the purchaser at the auction sale held pursuant to the judgment of foreclosure. It has been adjudged in the action that he has acquired the title and holds the same as trustee for the plaintiff.

The Statute of Frauds was pleaded by the defendant, by amendment to the…