Wayne Iron Ore Co. v. Ontario Mineral Co.

Rodenbeck, J.(1) This is an application to vacate an order made out of court granting a stay of a sale under foreclosure. The action is brought to foreclose the equity of redemption under a land contract and had been prosecuted to judgment and notice of sale when the stay was granted. A petition in bankruptcy on behalf of the defendants had been filed within four months prior to the advertised sale and subsequently to the commencement of the action. A stay was first granted by a United States district judge, the power to grant which is against the weight of authority. Sample v. Beasley, 158…