In the Matter of the Application of William H. Van Name, Appellant, Plaintiff in the Action against Queens Land and Title Company, to Compel Performance by Allen T. Haight, Respondent

In the Matter of the Application of William H. Van Name, Appellant, Plaintiff in the Action against Queens Land and Title Company, to Compel Performance by Allen T. Haight, Respondent. Appeal from an order entered in the Hew York county clerk’s office on the 6th day of April, 1910, denying motion to compel assignee of purchaser at.a judicial sale to complete purchase. ' [MAJORITY — Per Curiam:] Per Curiam: Although it was conceded upon the argument that the proper course to pursue was to order a "resale, instead of proceeding at once against the purchasers to take title, such an order cannot be made in this kind of a proceeding; a motion to that efíect should be made in the action in which the sale was ordered. The order, therefore, is affirmed, without costs to either party, without prejudice to a motion in the action for a resale. Present — Ingraham, P. J., McLaughlin, Clarke, Scott" and Dowling, JJ. Order affirmed, without costs, and without prej udice to a motion to be made in the action for a resale.