Rodman v. Zilley
New Jersey Court of Chancery
The bill in this case is to enforce the specific performance of an agreement for the purchase and sale of lands in the county of Burlington. In 1826, A. Zilley had a mortgage and execution against Rod-man, for about one thousand dollars. The.mortgage covered fifty-five acres of land in the possession of Rodman.
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The bill in this case is to enforce the specific performance of an agreement for the purchase and sale of lands in the county of Burlington. In 1826, A. Zilley had a mortgage and execution against Rod-man, for about one thousand dollars. The.mortgage covered fifty-five acres of land in the possession of Rodman. The execution was levied on the same property, and was in the hands of William N. Shinn, the sheriff of the county of Burlington, who was about to sell and make the money on the execution. Matters being thus situated, it was agreed, in order to avoid the exposure of a sheriff’s sale,…
1Opinion of the Court
The Chancellor.
Let us examine these several mailers, and see how far they are supported by the evidence, so as to be available to the defendant.
1. Was the defendant induced to make, this purchase by the *323contrivance and management of the complainant? for if this be the case, the complainant can have no remedy in a court of equity.
It appears somewhat singular that Zilley. having an execution on all the property of Rodman, which was tin ample secutity for his money, should consent to purchase thiity-five acres of land, being only part of the real estate, for a full price, when it is evident he…
2Cases cited2 opinions
- Hepburn and Dundas's Heirs v. Dunlop & Co.Supreme Court of the United States · 1816
- Hepburn & Dundas v. AuldSupreme Court of the United States · 1809
3Cited by4 opinions
- Humble Oil & Refining Co. v. DoerrNew Jersey Superior Court Appellate Division · 1973
- Centex Homes Corp. v. BoagNew Jersey Superior Court Appellate Division · 1974
- Frank v. GaylordNew Jersey Court of Chancery · 1936
- Seminara v. GrismanNew Jersey Court of Chancery · 1945