New Jersey Equity Reports Volume 90

New Jersey Equity Reports Volume 90

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...is entitled to possession immediately after giving notice, if occupied within thirty days thereafter. The nature of the right given by the certificate has been adjudicated. In Re Commissioners of Elizabeth, 49 N. J. Law 488, Mr. Justice Depue said: "By the city charter (of Elizabeth) the certificate of sale does not transfer or divest the title. The certificate, by section 84, after it is recorded, constitutes simply a continuation of the original lien. Title is not divested until a declaration of sale is executed and delivered and also re corded in the county clerk's ofiice. In the meantime, however long the declaration of sale and the recording of it may be delayed, the owner or his representatives may redeem. A certificate of sale made to the city, in effect, maintains its lien for taxes and assessments in statu quo. Everything is in fie/ri until a declaration of sale duly executed and recorded divests the title of the owner." If it be suggested that the charter declared that the certificate should constitute a lien, the answer is that in the subsequent case of Zllaginnis v. Rutherford, 78 N. J. La-w 288, the same construction was put upon a statute which, like the present, contained no such declaration. And the reason is obvious. All that the bidder gets by his certificate is a. statement that he bid at the sale and that the lot was struck ofl: ' and sold ' to him. The sale differs from the ordinary sheriff sale, in that the sheriff sells unreservedly all defendant's interest, whatever that interest may be, while the comptroller sells with the reservation that notice must be given if the bidder desires possession and the fee and that the owner may redeem. Until notice given the holder of the certificate...show more

Product details

  • Paperback | 232 pages
  • 189 x 246 x 12mm | 422g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123697140X
  • 9781236971401