
    NICHOLAS F. PALMER, as Ex., &c., Appellant, v. GEORGE A. MORRISON, Respondent.
    
      Decided February 2, 1885.
    
      Assignee in bankruptcy—requisites of sale real estate by.
    
    Before Sedgwick, Ch. J., Truax and O’Gorman, JX
    Appeal by plaintiff from judgment for defendant, entered upon findings, etc., at special term.
    Action for specific performance of contract for sale of real estate. The plaintiff derived his title to the land in question through a deed made by Wm. O. H. Waddell, as assignee in bankruptcy of Eobért H. Hartshorn, who was adjudicated a bankrupt under the bankrupt act of 1841. There was no conveyance of the property to the assignee. The assignee sold the property at auction on May Y, 1844. No order of the bankrupt court was granted, fixing the time and manner of said sale, upon which ground judgment was given for defendant.
    The court at General Term said :—“ The case of Smith v. Long (3 Civ. Proc. Rep. 396 ; 12 Abb. N. C. 113), controls the decision of this appeal.”
    
      Will Man, for appellant.
    
      John M. Bowen, for respondent.
   Opinion

Per Curiam.

Judgment affirmed, with costs.  