dissented, and concurred with the supreme court,—citing Garfield v. Hatmaker, 15 N. Y. 475, and expressing the opinion that the statute vested the title in the alienee*

*258Order reversed and judgment on report of referee affirmed, with costs.

This court held, that, for the reasons stated in Siemon v. Schurck, above referred to, the order of the general term should be reversed.