In that case, the plaintiffs sought to vacate title to several parcels acquired by the City of New York pursuant to an in rem tax foreclosure, the same Manhattan Action No.
Therefore, Nitchie Barrett would not be entitled to notice of the foreclosure action as a matter of law and would bound by the results of Manhattan Action No.
The Mennonite Court reasoned that notice to the property owner, who is not in privity with his creditor and who has failed to preserve his own property interest, cannot be expected to lead to actual notice to the mortgagee.