2A:61-3.Ā  Judgment or order founded upon equitable cause of action; public or private sale
When a sale of real estate is ordered by the superior court in any action, wherein the order or judgment under which such sale is ordered, is founded uponĀ  a cause of action of an equitable nature, except mortgage foreclosure sales,Ā  the officer or person authorized or directed to make the sale may, in hisĀ  discretion, make the same at public or private sale and on such terms as he mayĀ  deem to be most advantageous to the parties concerned therein.Ā  A private saleĀ  shall not be valid until it is confirmed by the court upon a report of theĀ  terms thereof by the officer or person making the sale.
Ā 
L.1951 (1st SS), c.344