New Jersey Court of Chancery, 1849

Freeman v. Elmendorf

Freeman v. Elmendorf
New Jersey Court of Chancery · Decided June 15, 1849
7 N.J. Eq. 475
Freeman v. Elmendorf

Opinion of the Court

The Chancellor.

Both the questions which are included in this case are proper for the law courts. The judgment creditor should be permitted to proceed to sell under his execu*488tion. On ejectment, brought by the purchaser, the bona jides of 'the deeds, and the effect of our -statute declaring deeds void ’against subsequent judgment creditors &c not having notice •thereof unless recorded within fifteen days after their delivery. Rev. Stat. 643, Sec. 18, will be proper subjects of inquiry and decision. The complainant’s are in possession; and if their -deeds -are good as against the judgment, they will,not be disturbed by the Sheriff’s making a deed to any one else.

Injunction dissolved.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.