Kues v. Di Maria

Complainants brought this bill to foreclose two mortgages, aggregating $3,000 on the property of defendants. Complainants were assignees of these mortgages and their assignments were duly recorded, thereby giving constructive notice to the defendants that they were the owners thereof. Mayer v. McLaughlin,80 N.J. Eq. 342. In this proceeding defendants claim that they are entitled to be credited in the sum of $1,500 on account of the principal of the two mortgages because of certain partial payments made by them at various times. These payments were made to one Scott to whom also payments of…