Gardner v. Luke
12 Wend. 269
Opinion
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.
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Gardner v. Luke, 12 Wend. 269 (N.Y. Super. Ct. 1835).
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