Legal Opinion

Herbert v. Herbert

Supreme Court of New Jersey

Decided June 15, 1892PublishedCited by 3 opinions

On appeal from a decree advised by Vice-Chancellor Van Fleet, whose opinion is reported in Herbert v. Herbert, 4 Dick. Ch. Rep. 70.

1Opinion of the Court

The opinion of the court was delivered by

Beasley, C. J.

This bill was exhibited for relief against the sale and conveyance, by an auditor in attachment, of certain real estate, situated at Long Branch. At the sale in question, the plaintiff in attachment became the purchaser, and, accordingly, took a deed from the auditor. The proceedings in attachment were regular in all formal respects.

We are of opinion that in such a case as this the only ground' of jurisdiction of a court of equity is the presence of frauddn the proceedings. The court of chancery cannot intervene in this class of' cases…

2Cited by3 opinions

  1. C. D. Building Corp. v. GriffithesNew Jersey Court of Chancery · 1931
  2. Falcon B. L. Assn. v. SchwartzNew Jersey Court of Chancery · 1936
  3. In Re HosfordNew Jersey Superior Court Appellate Division · 1953

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