Empire State Development Co. v. Lambert

interlocutory judgment directed the sale of the premises, not the sale of the interests of the parties or of such title as they might hold in the premises. Hence, the Referee acted in excess of his authority: (a) by inserting in the terms of sale the provision that the purchaser should be entitled to “ only such title as is held by the plaintiff and defendant ”; and (b) by stating on the sale that the successful bidder would *512be required to accept such title as the sellers had “ whether the title be marketable or unmarketable ” (cf. Mullins v. Franz, 162 App. Div. 316; Becker v. Muehlig, 221…