Reports of Cases Decided in the Court of Chancery, the Prerogative Court, And, on Appeal, in the Court of Errors and Appeals of the State of New Jersey Volume 28

Reports of Cases Decided in the Court of Chancery, the Prerogative Court, And, on Appeal, in the Court of Errors and Appeals of the State of New Jersey Volume 28

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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. 1877 edition. Excerpt: ...the house at $40 or $45, out of which a debt of $30 or $35 due from Walling to Mount, on a promissory note given by the former to the latter, was to be paid, and the balance was to be credited on the judgment. It appears from the proof, that in the foreclosure suit before mentioned, credit was given on the judgment for all moneys received by Mount on account of the judgment. The complainant alleges that after his purchase, at the sheriff's sale, of the land conveyed by Walling to him, he, for his own protection, applied to Herbert for an assignment of the judgment, tendering to him the amount due thereon, and that the latter refused to make the assignment, on the ground that he was unwilling to be instrumental in distressing Walling by a sale of his personal property under execution. The complainant says that he could then have made the amount of the judgment out of Walling's personal property, which he alleges was worth $700. He adds that he did not then know that Walling had the six acres of land which Herbert afterwards sold under his execution. Herbert, he says, told him that if he would pay him the money Conover v. Walling. for the judgment and wait on Walling for it until the next spring, he would make the assignment; but he, the complainant, refused to pay it on those terms. He further says that Herbert made no attempt to sell the personal property of Walling under the judgment until March, 1871, and that in the meantime he allowed Walling to sell a young horse and the produce of the property, and himself received from him two heifers. He says the personal property was appraised at about half its value; that the sheriff called on him to act as an appraiser, but some one objected to him. The tract of six acres was, he says, sold at...show more

Product details

  • Paperback | 226 pages
  • 189 x 246 x 12mm | 413g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236839447
  • 9781236839442