Naudain Adair v. Newlin
Court of Chancery of Delaware
Injunction Bill. The complainant, being one of several defendants in a judgment obtained m the Superior Court by the assignor of Harriet I. Newlin, administratrix d. b. n. c. t. á. of James B. Newlin, deceased, filed the bill of complaint for the purpose of restraining the sheriff from selling real estate of the complainant under a writ of" execution issued upon the judgment.
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Injunction Bill. The complainant, being one of several defendants in a judgment obtained m the Superior Court by the assignor of Harriet I. Newlin, administratrix d. b. n. c. t. á. of James B. Newlin, deceased, filed the bill of complaint for the purpose of restraining the sheriff from selling real estate of the complainant under a writ of" execution issued upon the judgment. This bill alleges that the complainant is entitled to set-offs of amounts aggregating more than the debt stated in the judgment. Answers were filed on behalf of Harriet I. Newlin, administratrix as aforesaid, and Harry…
1Opinion of the Court
The Chancellor.
The bill is that of one of several ■defendants in a judgment to perpetually enjoin the collection •of it because of set-offs of several .amounts aggregating more 'than the debt stated in the judgment. .
On July 8, 1903, judgment was entered in the Superior ■Court for New Castle County in favor of Emma A. Newlin, assignee of Julia A. P. Adair, against Mary B. Naudain Adair, then Mary B. Naúdain, and others, for the, real debt of $2,000. After the death of the plaintiff in 1904, the judgment was on *244May 21, 1912, marked by her administrator to the use of Harriet I. Newlin,…
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