Legal Opinion

Barton v. Beatty

New Jersey Court of Chancery

Decided May 15, 1877PublishedCited by 1 opinion

On petition for writ of assistance, and affidavits.

1Opinion of the Court

The Vice-Chancellor.

The exercise of the power of putting a purchaser in possession of land sold under the decree of this court, rests in the discretion of the court. It will never be exercised in a. case of doubt, nor under color of its exercise will a question of legal title be tried or decided. Schenck v. Conover, 2 Beas. 227; Van Meter v. Borden, 10 C. E. Gr. 414. The court will not in this summary way settle contested legal rights. Thomas v. DeBaum. 1 McCart. 41. A writ of assistance is *413■awarded in execution of a final decree. Having decreed a sale and conveyance of land, it is necessary,…

2Cited by1 opinion

  1. Pratt v. EngelNew Jersey Court of Chancery · 1933

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