Spellman v. Bradley

O’NIELL, C. X

(dissenting). My reason for declining to subscribe to the majority opinion or the decree in this case is that the sale of the property, a la folie enchére, was made after only ten days’ instead of thirty days’ publication of the notice of sale. It is true that on the former appeal in this case a majority of the members of the court construed the translation of the French text of article 2589 of the Civil Code of 1825 — which was copied as article 2611 in the Revision of 1870 — as meaning that a sale a la folie enchére, of real estate as well as of chattels, should be preceded by…