Gardner v. Luke

12 Wend. 269 | N.Y. Sup. Ct. | 1835

The Court approved of the above view of the statutes, and lield that a reference to the clerk to ascertain liens and encumbrances is not inoperative, except on the motion of either party. A rule for a sale of the premises was accordingly ordered without a reference to the clerk in respect to liens, &c.