Sandford v. . White

This is a motion to compel a purchaser at a sale ordered in this action, instituted for the partition of real estate to complete his purchase, which is resisted by him upon the ground that the title is defective, by reason of irregularity in the proceedings against "unknown owners." The court at Special Term denied the motion and sustained the position of the purchaser that the proceedings were irregular, which was affirmed at the General Term. The "unknown owners" were designated in the summons as the "legal representatives of Kitchell and Jesse Bishop deceased, whose names are unknown to…