Raphael v. Zehner
Supreme Court of New Jersey
On appeal from a decree advised by Vice-Chancellor Emery, who delivered the following opinion : Upon the consideration of the pleadings and proofs in this case, I reach the conclusion that the proceedings on the judgment in ejectment must be enjoined, and the sheriff’s deed to the defendant Paulina Baphael be set aside, upon proper equitable terms.
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On appeal from a decree advised by Vice-Chancellor Emery, who delivered the following opinion : Upon the consideration of the pleadings and proofs in this case, I reach the conclusion that the proceedings on the judgment in ejectment must be enjoined, and the sheriff’s deed to the defendant Paulina Baphael be set aside, upon proper equitable terms. These terms will be that the complainant, within forty days from the entry of decree, pay to the defendant the amount paid by her at the sheriff’s sale for the deed, with interest, and also the entire amount due on the mortgage given by complainant…
1Per curiam
Decree affirmed, for the reasons given in the court of chancery.
For affirmance — The Chief-Justice, Depue, Dixon, Garrison, Gummere, Lippincott, Ludlow, Van Syckel, Adams, Bogert, Hendrickson, Nixon, Vredenburgh — 13.
For reversal — None.
2Cited by2 opinions
- West Ridgelawn Cemetery v. JacobsNew Jersey Court of Chancery · 1931
- West Ridgelawn Cemetery v. JacobsNew Jersey Court of Chancery · 1930