Cropper v. Brown
New Jersey Court of Chancery
On petition of Thomas Gormley. Heard upon petition and affidavits. On the 21st day of October, 1909, the sheriff of Hudson county, New Jersey, held a sale under a writ of fieri facias issued in the above-entitled suit. At that sale the property was struck off to Thomas Gormley, the petitioner, who bid $2,300. The conditions of sale which he signed provided, among other things: f “First.
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On petition of Thomas Gormley. Heard upon petition and affidavits. On the 21st day of October, 1909, the sheriff of Hudson county, New Jersey, held a sale under a writ of fieri facias issued in the above-entitled suit. At that sale the property was struck off to Thomas Gormley, the petitioner, who bid $2,300. The conditions of sale which he signed provided, among other things: f “First. The property will be sold to the highest bidder, subject to confirmation by the chancellor. “Second. Ten per cent, of the purchase, price shall be paid when the property offered is struck off * * * in default…
1Opinion of the Court
Garrison, Y. C.
The fact that this petition'is filed before the date fixed for the confirmation of the sale does not, in my view, affect the principle which should be applied in the decision of the case.
This is a foreclosure suit, and the statute requiring confirmation is the act of March 12th, 1880. Gen. Stat. p. 2111 § 15. This statute and rule 205 of this court concerning the same subject-matter recently received judicial construction in this court in the case of Oakley v. Shaw (Vice-Chancellor Walker, 1908), 69 Atl. Rep. 462. In that case the court refers to many of the cases upon this…
2Cases cited5 opinions
- Travellers' Insurance v. ConnecticutSupreme Court of the United States · 1902
- Woodworth v. Northwestern Mutual Life InsuranceSupreme Court of the United States · 1902
- Vance's administrator v. Foster & RayCourt of Appeals of Kentucky · 1872
- Neerman v. CaldwellSupreme Court of Kansas · 1892
- Carpenter v. ShanleyNew Jersey Court of Chancery · 1909
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