Realty Title & Mortgage Co. v. Schaaf
New Jersey Court of Chancery
When the husband did not join in a mortgage of the separate estate of the wife, it was not valid as a mortgage or a specific lien, but was effective to show that the debt was contracted on the credit of the married woman’s separate estate, and equity will declare and enforce a lien against it.
1Opinion of the Court
Beaming, V. C.
The bill is filed to foreclose a mortgage made by Annie Horner to George H. Briggs. The mortgage is now owned by complainant, and defendants are the heirs-at-law of the mortgagor.
Annie Horner, the mortgagor, was a married woman at the time the mortgage was made by her. Her husband (now deceased) did not join in the mortgage. The mortgage does not disclose that the mortgagor was a married woman, and the acknowledgment to the mortgage does not certify that she was examined by the acknowledging officer separate and apart from 'her husband.
The evidence discloses that the real estate…
2Cited by4 opinions
- Kaffitz v. ClawsonNew Jersey Court of Chancery · 1944
- Atlantic Guaranty C., Co. v. McDevittNew Jersey Court of Chancery · 1930
- Boardwalk National Bank v. ToboldtNew Jersey Court of Chancery · 1929
- Dreier v. PomeroyNew Jersey Court of Chancery · 1929