
    Virginia M. Monroe, Appellant, v. Antonio Musica et al., Defendants. Temple Bar Realty Co., Inc., Respondent.
    
      Monroe v. Musica, 166 App. Div. 929, affirmed.
    (Argued January 11, 1916;
    decided January 25, 1916.)
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 22,. 1915, which reversed an order of Special Term directing the respondent herein to complete his purchase of premises sold in foreclosure and denying his motion to be relieved therefrom on the ground of defective title. The objections raised by the purchaser arise solely but of a proceeding brought in January, 1898, to sell a portion of the mortgaged premises for the payment of a former deceased owner’s debts, through which proceeding said mortgagor acquired title and may be briefly stated as follows: (1) That the proceedings are invalid and do not bind an infant heir. (2) That the proceedings do not determine the rights of the wife, if any, of a son of decedent. (3) That the bond given by the administrator was insufficient in amount. (4) That there is no evidence or finding by the surrogate that an amount sufficient to pay the decedent’s debts could not be raised by mortgage. (5) That the proceedings were not commenced within three years after letters of administration were first issued to the administrator.
    
      Henry M. Bellinger, Jr., and James McBrien for appellant.
    
      Samuel A. Telsey for respondent.
   Order affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Chase, Collin, Cuddeback, Cardozo, Seabury and Pound, JJ.  