Morris

The plaintiff purchased the property involved herein at a commissioner’s sale under a judgment foreclosing certain mechanics’ liens thereon. The defendant Lanktree, being the commissioner appointed by the court to convey the property to the plaintiff as purchaser at the sale, delivered a certificate of sale to him describing the whole property, and no redemption having been effected, ■Lanktree subsequently executed a commissioner’s deed to Morris, in which, however, only a part of the land sold to him was described or conveyed, and Lanktree has refused and neglected to include the remainder of the property in his deed. Judkins and Saxton, the other defendants here, were the defendants in the foreclosure suit and the former owners 'of the property. In this action Lanktree is not named in the title as commissioner, but individually, that is to say, he is denominated simply “J. B. Lanktree.” In the body of the complaint, however, it is alleged that Lanktree “as commissioner” sold the property and executed the certificate of sale and the deed to the part of the property hereinbefore mentioned. The complaint also alleges “that the defendants Judkins and Saxton claim to be the owners of…