Smith v. Alton , 22 N.J. Eq. 572 ( 1871 )

Ti-ie Chief Justice.

This was an appeal from the order of the Chancellor opening the decree to sell in a foreclosure case, setting aside the sheriff’s sale and letting the mortgagor in to make defence. We think this order was proper and equitable. The decree and sale were a surprise to the defendant, and the property has been greatly sacrificed,

Let the order appealed from be affirmed, with costs.

The whole court concurred.