These representations are incomplete and not true. Now, there is not much law on the defects in a Sheriff's sale, and the Plaintiff in the case has raised the issue of McCartney v. Frost, a Court of Special Appeals case, 37 Md. App. 495, 378 A.2d 170, for the proposition that everything in an ad or everything else in the ad other than the time, place and date of the sale is mere surplusage. Counsel for both parties failed to specifically acknowledge before the trial court that McCartney v. Frost, 37 Md. App. 495, 378 A.2d 170 (1977), was reversed by McCartney v. Frost, 282 Md. 631, 386 A.2d 784 (1978).
On appeal, the Court of Special Appeals affirmed. McCartney v. Frost, 37 Md. App. 495, 378 A.2d 170 (1977). The Court granted McCartney's petition for writ of certiorari.
Chief Judge Murphy did not participate in the consideration of this petition. Opinion of Court of Special Appeals reported: 37 Md. App. 495.
Hopper v. Hopper, 79 Md. 400, 402, 29 A. 611, 612 (1894). Recently, in McCartney v. Frost, 282 Md. 631, 638, 386 A.2d 784, 788 (1978), rev'g, 37 Md. App. 495, 378 A.2d 170 (1977), Judge Smith, for the Court of Appeals, quoted with approval the case of Home Owners' Loan Corp. v. Braxtan, 220 Ind. 587, 592, 44 N.E.2d 989, 991 (1942). There the Indiana Court said: "The purpose of the sale is not to afford some stranger an opportunity to make off with the property . . . to his own great advantage and to the great disadvantage of either the judgment defendant or the judgment creditor."