The appellant is mistaken in supposing that the judgment of foreclosure and the report of sale, are not “ proceedings,” in the court below. The authority of that court to amend them mine pro tunc is clear. (Code, §173.) The question was one addressed to the
There is no force in the objections, that the complainant, Hogan, is dead; that the action has not been revived; and that Fausto Mora, the purchaser, was not a party to the suit in which the motion was made. We had occasion to consider these questions in the case of Sawyer v. Hubbell, decided at the last term (36 N. Y. 677), and our conclusions were in accordance with the views now maintained by the respondent. The appellant, who acquiesced in a sale by the sheriff, could take no more effectual means to quiet the fears of a purchaser ; and he is not in a position now, to avail himself of an afterthought, by opposing technical cavils to the rights of a vendee, who bought in perfect good faith. The order should be affirmed, with costs, as upon a special motion.
Order affirmed.