Van Aken v. Tice
Supreme Court of New Jersey
On rule to show cause why a judgment entered upon a bond with warrant to confess judgment should not be set aside. On June 9th, 1896, the defendant, Tice, executed a real estate mortgage to Van Aken to secure the payment of two promissory notes amounting to the sum of $1,400. A bond accompanied this mortgage. On the 23d of July, 1896, a bond with warrant of attorney to confess judgment was delivered by Tice to Van Aken.
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On rule to show cause why a judgment entered upon a bond with warrant to confess judgment should not be set aside. On June 9th, 1896, the defendant, Tice, executed a real estate mortgage to Van Aken to secure the payment of two promissory notes amounting to the sum of $1,400. A bond accompanied this mortgage. On the 23d of July, 1896, a bond with warrant of attorney to confess judgment was delivered by Tice to Van Aken. This bond was conditioned for the payment of $1,460, which is the samé debt as that secured by the mortgage with interest added. On August 12th, 1896, Van Aken, by virtue of…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
This application raises a question of fact only. The law is authoritatively settled for this court by the cases of Hellyer v. Baldwin, 24 Vroom 141, and Holmes v. Seashore Electric Railway Co., 28 Id. 16.
The propositions affirmed by the former decision are—
First. That an identical debt, by force of the statute, is not ripe for suit otherwise than by the foreclosure of the mortgage, until after the proceeds of the real estate security have been applied in payment of such debt.
Second. That the protection of the statute may be waived by the…
2Cases cited1 opinion
- Hellyer v. BaldwinSupreme Court of New Jersey · 1890
3Cited by5 opinions
- Bower v. BowerSupreme Court of New Jersey · 1909
- Wildwood Title & Trust Co. v. GeisenhonerSupreme Court of New Jersey · 1933
- Guarantee Trust Co. v. HoffmanAtlantic County Circuit Court, N.J. · 1938
- McCloskey v. MPJ CO.New Jersey Superior Court Appellate Division · 1961
- Knight v. Cape May Sand Co.Supreme Court of New Jersey · 1911