Smith v. Whitney

Pursuant to a judgment of foreclosure and sale, duly granted in the above-entitled action, the mortgaged premises were sold at public auction on July 20, 1933. The assignee of the successful bidder at said sale, now asks to be relieved from completing its purchase upon the ground that title, derived through the referee’s deed, will be defective by reason of failure to publish notice of sale as required by section 986 of the Civil Practice Act.

The property is situated in a city in which daily and weekly newspapers are published; in such case, the officer making the sale was required to give…