Opinion
12-31-1885
BROWN v. ABBOTT and others.
James B. Nixon, for complainant, quoted Browning v. Camden & W. R. & T. Co., 4 N. J. Eq. 47-58; Ernst v. Morgan, 39 N. J. Eq. 391.
On bill for injunction.
James B. Nixon, for complainant, quoted Browning v. Camden & W. R. & T. Co., 4 N. J. Eq. 47-58; Ernst v. Morgan, 39 N. J. Eq. 391.
BIRD, V. C. The complainant is township collector. The defendants are township committeemen. The complainant charges that taxes which have been assessed on real estate have become due and payable, and remain unpaid; and that it is the duty of the defendants to issue a warrant, directed to him as collector, requiring him to sell said lands to satisfy said assessments, and that they refuse so to do, but proceed to make sale of land in their own name, claiming that they have a right, under the Laws of 1868, so to do. He charges that both the acts of refusal and sale are illegal and unjustifiable; that the public are injured thereby, and that he is deprived of his lawful fees and commissions. An injunction is asked for restraining the said defendants from further proceedings to make sale of lands under the said law of 1868. The court of chancery has never exercised jurisdiction in such cases. The machinery of the courts of law is so adjusted as to afford ample relief in every such case. I have not found a single authority to sustain this bill; but, to the contrary, see High, Extr. Rem. §§ 80, 81, 89; People v. Board of Supervisors, 51 N. Y. 401; Kendall v. U. S., 12 Pet. 524.