Smith v. Cunningham

Emery, Y. C.

This is a foreclosure suit, and on the execution the sheriff of Essex, on December 13th, 1904, sold the mortgaged property for $2,650 to the respondent, Zwetschkenbaum, who paid to the sheriff $540, the twenty per cent, of the purchase-money required by the written conditions of sale, which were signed by the purchaser. These contained the following conditions:

“Second. The purchaser will be required to pay twenty per cent, of the purchase-money at the close of the sale, and sign an acknowledgment of purchase in accordance with these conditions.

“Fourth.'Any person or…