Legal Opinion

Alpern v. Behrenburg

New Jersey Court of Chancery

Decided September 21, 1910PublishedCited by 3 opinions

Motion for an injunction in a statutory suit to quiet title, &c. (P. L. 1870 p. 20), to restrain sheriff’s sale of complainant’s land under execution, upon a judgment recovered against a former owner of the land. Heard on bill and answering affidavits.

1Opinion of the Court

Stevenson, V. C.

My conclusion is that the motion for a preliminary injunction must be denied, and the order to show cause with preliminary restraint vacated.

The decision of Vice- Chancellor Garrison in West Jersey and Seashore Railroad Co. v. Smith (1905), 69 N. J. Eq. (3 Robb.) 429, with the prior New Jersey decisions therein cited is absolutely controlling in this present case.

The complainant points out that the ease is one of hardship because a subsequent purchaser from the party taking title *374through the sheriff under the execution may stand in the position óf a bona fide purchaser for…

2Cited by3 opinions

  1. Majewski v. GreenbergNew Jersey Court of Chancery · 1927
  2. Englese v. HydeNew Jersey Court of Chancery · 1931
  3. Van Keuren v. United StatesNew Jersey Court of Chancery · 1946

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