Smietanka v. Myers

This appeal by the intervening petitioners, Ostrowski and Konieczka, is from an order entered December 20, 1940, which dismissed their petition, set aside an order entered November 10, 1938, approving and confirming a sale held February 16, 1938, and directed the special commissioner to advertise and resell the premises.

Smietanka is trustee named in a trust deed executed by Harry A. and Bertha L. Myers on January 15, 1929, to secure payment of 210 bonds of the aggregate amount of $45,000. He filed his complaint to foreclose this trust deed March 22, 1933. January 10, 1936, a decree was…