Townshend v. Simon
Supreme Court of New Jersey
The defendant was the purchaser at a sale of mortgaged premises made by the plaintiff as sheriff of the county of Passaic, by virtue of a writ of fieri facias issued out of the Court of Chancery upon a decree of foreclosure.
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The defendant was the purchaser at a sale of mortgaged premises made by the plaintiff as sheriff of the county of Passaic, by virtue of a writ of fieri facias issued out of the Court of Chancery upon a decree of foreclosure. The sale was made upon certain conditions, in writing, among which was the usual stipulation that if the purchaser fail to comply with the conditions of sale, the property would be re-sold, and the former purchaser held liable for all losses and expenses, and receive no benefit from such second sale. The property was struck off to the defendant for the sum of $4100, and…
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
The non-suit in the court below was ordered on the ground that the remedy was not in an action at law, but by a proceeding in Chancery in the foreclosure suit to *241compel the defendant, as a purchaser under a sale by virtue of process out of the Court of Chancery, to take a conveyance and comply with the conditions of sale.
It may be assumed, as an established doctrine of the Court of Chancery, that a purchaser under a decree by the act of purchase, submits himself to the jurisdiction of the court as to all matters connected with the sale which…
2Cases cited6 opinions
- Requa v. ReaNew York Court of Chancery · 1831
- Brown v. FrostNew York Court of Chancery · 1843
- Cazet v. . HubbellNew York Court of Appeals · 1867
- Miller v. CollyerNew York Supreme Court · 1862
- Sanborn v. ChamberlinMassachusetts Supreme Judicial Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Investors & Lenders, Ltd. v. FinneganNew Jersey Superior Court Appellate Division · 1991