John Knapp, Respondent, v. Abraham B. Conger, Appellant, et al.

John Knapp, Respondent, v. Abraham B. Conger, Appellant, et al. (Submitted November 17, 1874; decided November 24, 1874.) This was an appeal from an order of General Term, affirming a Special Term Order, denying a motion made by defendant Conger to set aside a sale made herein upon judgment of foreclosure, and ordering said defendant to complete the sale. The mortgaged premises were properly described by metes and bounds in the complaint and in the judgment. Upon the sale the sheriff proposed to sell the whole together. To this defendant Conger, the mortgagor, objected, and requested that it be sold in parcels, and no more sold than sufficient to satisfy the judgment. To this the sheriff acceded, and being advised by said Conger that a dwelling-house upon the premises was on the south half, he sold the south half of the premises described on which the dwelling-house stood, which was not ■objected to by Conger, but was bid off by an agent of his for his benefit. The motion was made upon the ground that a line dividing the premises in two equal parts would intersect the dwelling-house, and that the description was vague and uncertain, as it gave no starting points for the division. It appeared that a line so dividing would include the whole dwelling-house in the south halfj but not a small building attached, used for storing coal. Held, that this was not material, and the motion was properly denied. Upon the appeal it was urged that it was error, upon the: motion to set aside, to make an order requiring Conger to complete the sale, by accepting the deed and paying the residue of the purchase-money. Held, that as the purchase was made on behalf of the party moving, and the facts were all before the court, the order was proper. Everett P. Wheeler for the appellant. A. E. Suffern for the respondent. [MAJORITY — Grover, J.,] Grover, J., reads for affirmance. All concur. Order affirmed.