Miebach v. Colasurdo

(dissenting)—I am unable to concur in the majority opinion in this suit in equity, because, as I view it, Mr. Miebach's title stands no stronger than its antecedents which collapse under judicial scrutiny. The decision approves a procedure whereby Valeria Colasurdo, an elderly widow, has her $106,000 home taken from her to satisfy a $1,150.24 debt in violation of the law and simple justice.

The majority opinion is premised upon the conclusion that the order confirming sale absolutely cleared title to the property in William Miebach. I disagree. Where no bona fide purchaser is involved, an…