Legal Opinion

Jarman v. Wiswall

New Jersey Court of Chancery

Decided October 15, 1873PublishedCited by 3 opinions

Motion to amend a final decree.

1Opinion of the Court

The Chancellor.

The complainant applies to amend the final decree'in this cause, by inserting therein a clause decreeing and enforcing, by execution, the personal liability of the defendant, John Hoey, for the deficiency between the net proceeds of the sale of the mortgaged premises, under execution on the final decree, and the amount due the complainant on his mortgage for principal, interest, and costs. The bill was filed against Wiswall and wife, and Hoey, for foreclosure and sale of certain mortgaged premises in Monmouth county. Hoey was made a party because he had assigned the mortgage to…

2Cases cited3 opinions

  1. Curtis v. TylerNew York Court of Chancery · 1842
  2. Bristol v. MorganNew York Court of Chancery · 1837
  3. Jones v. StienberghNew York Court of Chancery · 1845

3Cited by3 opinions

  1. Bernard Damsky, Olga Damsky and Henry Birns v. Honorable Joseph C. Zavatt, United States District Judge for the Eastern District of New YorkCourt of Appeals for the Second Circuit · 1961
  2. Fidelity Union Tr. v. Multiple RealtyNew Jersey Court of Chancery · 1942
  3. Bernard Damsky, Olga Damsky and Henry Birns v. Honorable Joseph C. Zavatt, United States District Judge for the Eastern District of New YorkCourt of Appeals for the Second Circuit · 1961

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