Bourne v. Levine

This is a suit for specific performance. Complainant acquired title to the premises in question under a deed from Harry B. O'Connell, sheriff of Essex county, as the result of foreclosure proceedings. The defendant attacks the foreclosure proceedings as irregular. He alleges, first, that no subpoena was issued before an order of publication was applied for and made, citing chancery rule 34; therefore, the order is irregular and void. It appears that on March 11th, 1924, an order was entered by the chancellor himself, which stated that it appeared to his satisfaction that Nathan Knie, during…