Diehl v. Page
New Jersey Court of Chancery
The bill was filed by parties claiming title under a sheriff’s sale, made by virtue of a judgment rendered on an attachment against an absent debtor, to avoid a conveyance made by the debtor previous to the issuing of the writ of attachment, and also a subsequent conveyance from the grantee of the debtor, as fraudulent. The facts relied upon to sustain the charge of fraud, appear in the chancellor’s opinion.
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The bill was filed by parties claiming title under a sheriff’s sale, made by virtue of a judgment rendered on an attachment against an absent debtor, to avoid a conveyance made by the debtor previous to the issuing of the writ of attachment, and also a subsequent conveyance from the grantee of the debtor, as fraudulent. The facts relied upon to sustain the charge of fraud, appear in the chancellor’s opinion. Answers wore filed by the defendant in attachment, the original grantor, and also by the parties claiming title under his grantee at the time of filing the bill. The cause was heard upon…
1Opinion of the Court
The Chancellor.
Thomas Diehl and one William Guier, in the year 1818, obtained a judgment in the supreme court of Pennsylvania, against John Page, for one thousand eight hundred and ninety-five dollars and sixty-two cents. The judgment remaining unsatisfied, and Page having afterwards acquired title to the undivided moiety of a plantation in the county of Salem, they sued out an attachment from the court of common pleas of that county, against Page, as a non-resident debtor, returnable to the term of March, 1826, and thereby attached the said property and the rents of it, in the hands of…
2Cases cited1 opinion
- Kempe's Lessee v. KennedySupreme Court of the United States · 1809
3Cited by3 opinions
- Michalski v. United StatesNew Jersey Superior Court Appellate Division · 1958
- Drachenberg v. DrachenbergNew Jersey Superior Court Appellate Division · 1949
- In Re Realty Title Insurance Co.New Jersey Court of Chancery · 1940