Majority
p. 38Lansing and others, Executors, &c. against Quakenbush.
Headnote
Where the noftitfeato W sold on a ji.fa. for which the sheriff has given a certificate of sale to the purchaser, and endorsed the sunt. bid on the ft. fa. relief will not be granted on motion'; but the purchaser should go to a court of equity.The plaintiffs having sued out a ji.fa. against the defenriant, upon a judgment of this Court, to the sheriff of Essex,
p. 39
he sold certain lots of land supposed to belong to the defendant, situate in that county, at certain prices bid for each lot by Jacob Lansing, one of the plaintiffs and gave him. a certificate of sale, specifying each lot and the sum for which it sold. The amount, in the aggregate, was §4096, which he endorsed as paid upon the ji. fa. Before the sale, the defendant represented to the purchaser that he had title to certain of these lots, which sold for the greater portion of the sum endorsed; but which it turned out, on inquiry, belonged absolutely to another.
J. Lansing, (S. M. Hopkins, same side,)
therefore, now moved to amend by reducing the amount of the endorsement to the amount bid for those lots to which the defendant had title, and striking from the certificate the lots to which he had no title.
S. Stevens, contra,
Clearly there must he a remedy in this case; but we do not grant it upon this motion, because we think the more proper forum is a Court of Equity.
Motion denied.