State Codes and Statutes

Statutes > New-jersey > Title-2a > Section-2a-17 > 2a-17-81

2A:17-81.  Execution against estate of execution debtor whose person was taken in execution
    An execution creditor, his executor or administrator, may, when an execution  debtor dies after execution has been issued against his person, but before the  judgment under which it issued has been satisfied, have new execution against  the goods and chattels and real estate of the execution debtor which he might  have had if such debtor had not died.

    Under the new execution, no real estate of such execution debtor shall be sold, which, at any time after the judgment against such debtor under which the  original execution issued, has been sold by him, bona fide, and of which the  proceeds of the sale have been either paid or secured to be paid to any of his  creditors, with their privity or consent, in discharge of his debts, or some  part thereof.  Nor shall there be sold under such execution any real estate of  the deceased debtor, which shall have been sold by reason of any other judgment  against him.
 
L.1951 (1st SS), c.344.