
    Daniel Rogers, Respondent, v. Dennis J. Menton, Appellant.
    (City Court of New York, General Term,
    October, 1897.)
    Mechanic’s Lien Law — Reimbursement of purchaser upon an irregular sale.
    The court has power, when setting aside a sale 'of real property, made under a judgment foreclosing a mechanic’s lien, where it appears that the plaintiff was unaware that the owner had a wife, to reimburse the purchaser, from the proceeds of sale, for expenses which he had incurred in examining the title.
    Appeal by defendant from an order made at Special Term setting aside a sale of certain property under a judgment foreclosing certain, mechanics’ liens against real property.
    James J. Fitzgerald, for appellant.
    Ennever and Trautman, for respondent.
   Conlan, J.

This is an appeal by the defendant, Dennis J. Menton, from part of the order made, at Special Term, which order set aside a sále of certain property under a judgment foreclosing certain mechanics’ liens against real property.

The affidavit shows that services in examination of the title were worth $50, and also shows that the plaintiff was unaware that Dennis J. Menton had a wife.

The order was within the power of the court, and we see no injustice in reimbursing the purchaser from the proceeds of the sale of the property.

The order should be affirmed, with costs.

Schuchman, J., concurs.

Order affirmed, with costs.  