
    Frederick A. Trowbridge, as Executor of Henry Trowbridge, Deceased, Respondent, v. Ellis P. Earle et al., Defendants. George C. Martens, Appellant.
    
      Trowbridge v. Earle, 184 App. Div. 960, appeal dismissed.
    (Argued January 7, 1919;
    decided January 21, 1919.)
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 21, 1918, which unanimously affirmed an order of the Queens County Court denying the motion of George C. Martens to be relieved of his purchase at a foreclosure sale in the above-entitled action and to return to him ten per cent of the purchase price paid by him to the referee at the time of said sale and for a further order directing plaintiff to pay the said purchaser interest on said moneys together with the costs and expenses of examining the title. Leave was not obtained either from the Appellate Division or from this court to appeal from said order of affirmance, nor were any questions certified by the Appellate Division which in its opinion ought to be reviewed by this court. Defendant contended, consequently, that this court had no jurisdiction to hear or entertain the appeal.
    
      Richard T. Greene and Daniel S. Murphy for appellant.
    
      Arthur P. Hilton and Frederick N. Smith for respondent.
   Appeal dismissed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Hogan, Cardozo, Pound, McLaughlin and Andrews, JJ.  