Smith v. Butler

I cannot concur in the opinion about to be announced by a majority of the court in this case. The *366controversy concerns two objections interposed by a purchaser at a foreclosure sale, as to the marketability of the title. The first objection is that the notice of sale was not published for a sufficient length -of time prior to the sale; the second is that the premises, when purchased by the defendant, were impressed with a trust in favor of a cotenant who is said to be an incompetent although not judicially declared so. • -j

So far as the first objection to the title is concerned, to wit, that…