McAdams v. Mundy
Supreme Court of New Jersey
On error to the Middlesex Circuit Court, where the casé was heard before Mr. Justice Swayze, who delivered the following opinion: This is a contest between two judgment creditors, both of whom claim priority of payment out of the proceeds of land sold under execution. The Rogers writ was first delivered to the sheriff.
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On error to the Middlesex Circuit Court, where the casé was heard before Mr. Justice Swayze, who delivered the following opinion: This is a contest between two judgment creditors, both of whom claim priority of payment out of the proceeds of land sold under execution. The Rogers writ was first delivered to the sheriff. Both writs were returnable on the third Tuesday of September, 1906. The Rogers writ was delivered to^he sheriff on August 28th, and the McAdams writ on August 29th. The sheriff had not attached any levy upon the land to the writ on August 31st, and on that day, at the request…
1Opinion of the Court
The opinion of the court was delivered by
Pitney, Chancellor
The order of the Middlesex Circuit Court, -which settles the priority of two writs of execution against the same defendant, and directs the proceeds of the sale made by the sheriff to be paid to one of the execution creditors in preference to the other, is reviewable by writ of error out of this court. Woodruff v. Chapin, 3 Zab. 555; Eames v. Stiles, 2 Vroom 490; Defiance Fruit Co. v. Fox, 47 Id. 482.
It is suggested that because the first execution was issued out of the Middlesex Common Pleas, and the second out of the *482Circuit Court,…
2Cited by8 opinions
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- In re BleaseCourt of Appeals for the Third Circuit · 1979
- Ca 79-3239 in the Matter of Robert R. Blease, Individually and T/a Stewartsville Animal Hospital and Stagecoach Saddle Shop. Appeal of State of New JerseyCourt of Appeals for the Third Circuit · 1979
- Borromeo v. DIFLORIONew Jersey Superior Court Appellate Division · 2009
- JT Evans Co. v. FanelliNew Jersey Superior Court Appellate Division · 1959
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