Holmes v. Steele
New Jersey Court of Chancery
On filing the bill in this case, a restraining order was granted, and also an order to sbow cause why an injunction should not issue pursuant to the prayer of the bill. The motion for the injtmction was heard on bill, answer and affidavits.
1Opinion of the Court
The Vice-Chancellor.
This is an injunction bill. The complainant claims relief on two grounds. First, that the sheriff of Somerset county has made sale of his lands contrary to law, having sold them as an entirety, and not in parcels as he requested; and second, that the judgment under which the sale was made was inequitable and unjust, being founded on a debt alleged to have been paid many years ago.
As a general rule, a sheriff, in making sale of a debtor’s land, should sell no more than just sufficient to pay the debt he is required to make, with the costs and expenses of sale, provided such…
2Cases cited3 opinions
- Simpson v. HartNew York Court of Chancery · 1814
- In re the Estate of AtkinsonSupreme Court of New Jersey · 1916
- Simson v. KlipsteinNew Jersey Court of Chancery · 1917
3Cited by1 opinion
- Falcon B. L. Assn. v. SchwartzNew Jersey Court of Chancery · 1936