Opinion
April, 1910.
Present — Ingraham, P.J., McLaughlin, Clarke, Scott and Dowling, JJ.
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 effect 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.
Order affirmed, without costs, and without prejudice to a motion to be made in the action for a resale.