
    LONG ISLAND LOAN & TRUST CO. v. BROOKLYN HYGIENIC ICE CO. et al.
    (Supreme Court, Appellate Division, Second Department.
    May 12, 1905.)
    Action by the Long Island Loan & Trust Company, as trustee, etc., against the Brooklyn Hygienic Ice Company, Agnes L. O’Rourke, individually and as executrix, etc., the Empire State & Surety Company, and others.
   PER CURIAM.

We are of the opinion that the court had no power on this motion to adjust the-rights of the parties in respect to matters which could only be the subject oí contract. The order must be reversed, with $10 costs and disbursements, but without prejudice to the right of the plaintiff to move, if so advised, to be relieved from the purchase, or for a resale of the premises.  