4 N.J. Eq. 310 | New York Court of Chancery | 1843
The complainant, who was a considerable land holder in the counties of Monmouth and Middlesex, became embarrassed, and his property was sold under executions issued from the courts of law and from this court. One farm, located at Middletown, was purchased at a master’s sale, in eighteen hundred and thirty-five, by Mr. Croes, who has since sold it for the price he paid for it, to the defendant. Prior to this the defendant had purchased, himself, three tracts of woodland belonging to the complainant, at a sheriff’s sale. The allegation is, that all this property was purchased on behalf of the complainant, and with, the understanding that he might redeem
The complainant has behaved vexatiously to Croes in this business; he came into it to help the complainant, and to save his property for him, but he gave him in the first instance a
It appears further, that Croes was anxious the complainant should take the property at any time, but he never would. He had a hard bargain of it, and has received nothing in return for his kindness but trouble and vexation.
As to the wood lots, whatever might have been the original design of the defendant, the weight of evidence is clearly in favor of the complainant’s right of redemption. The lots sold low, and others did not bid because it was understood they were sold for complainant’s benefit. The evidence is sufficient to establish this point, without relying upon the witnesses whose
William Hawkins,' William Combs, Cornelius Boice and Robert Mathews,' all prove sufficient for this.purpose, and even, John M. Perrine, the sheriff who sold the property, and Nicholas M. Disbrow, the crier at the vendue, both say, it was their impression from what they saw and heard at the sale, that the defendant bought for the complainant.
This whole business seems to have been managed in a careless manner, and just so as to place the advantage on the side of the complainant. It is sufficient for the present purpose, however, to be satisfied, that the right of redemption of the three wood lots referred to in the bill, is with the complainant, and that he is entitled, from thé evidence, to be restored to his land upon paying what shall be found due, if any thing, on settlement of accounts between him and the defendant
Prom some expressions which fell from the witnesses, it would seem, that t-he redemption was to take place upon the defendant being paid the whole that complainant owed-him, whether particularly relating to this land or not. He stepped in as” his friend and bought his property, with the promise that when he was made whole for whatever complainant owed him, he should. have his land again. The defendant will also be entitled to a fair compensation for his time, trouble and expenses bestowed on this business. This is no more than is just and proper under the circumstances.
So far as relates to the arbitration which has taken place between these parties, it can pass for nothing, in the view which I take of this case. In that arbitration the Middletown, farm was embraced, and quite probably, as suggested in the argument, from a desire on the part of the defendant to do almost any thing to get through with this tedious and unpleasant controversy. My own opinion is, that as the arbitrators were not sworn, the whole proceeding is void.
The injunction, therefore, having relation only .to the ejectment brought by the defendant to recover possession of the Mid
Reference to a master.