The sale would have created no cloud, neither would thecertificate of sale. The deed alone would create a cloud, and it is extremely doubtful if that would.
But this was a proposed sale on the foreclosure of a mortgage. No judgment could be docketed and no execution issued until after the sale and return of the sheriff, showing a deficiency. The court, by preventing a sale, would prevent the defendants obtaining an execution against Jones or wife, or a recovery upon the personal judgment forever. (Bonaparte v. Camden & Amboy R. R. Co., 1 Baldwin Cir. C. 218.)
OPINION By the Court:
No doubt a court of equity will interfere by injunction to prevent a cloud upon a title; but it is not deemed necessary to exercise the authority in that respect to the injury of strangers. Neither of the cases relied upon by the appellant present the features of this case in that respect.
We think the court below was correct in the exercise of its judicial discretion upon this point.
We have no doubt that after a sale shall have been made and the delivery of a deed threatened, the motion as made in this case might be properly made.
Order affirmed.