Matter of Philip
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 9, 1917, which affirmed an order of Special Term setting aside a sale of mortgaged premises and directing a resale.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 9, 1917, which affirmed an order of Special Term setting aside a sale of mortgaged premises and directing a resale. The following questions were certified: “ (1) Was the referee appointed by the judgment of foreclosure herein without power or authority to resell the mortgaged premises and property at his office on April 25, 1916, under the terms of sale set forth in the record, without again publishing and posting notice of sale, upon the default of James P. Philip in…
1Per curiam
The terms Of sale did not contain a provision that in case the purchaser failed to complete, the property would be again offered for sale at a specified time or place, nor was any statement to this effect made by the referee to the persons attending the sale at the time the property was bid off by Philip. In the absence of such statement in the terms of sale or by the referee at the time the sale was made, it necessitated when Philip refused to complete his purchase that the property should be readvertised and again offered for sale at public auction.
The order of the Appellate Division…
2Cited by2 opinions
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