Legal Opinion

Flemming v. Iuliano

Supreme Court of New Jersey

Decided June 20, 1921PublishedCited by 6 opinions

On appeal from an order of the court of chancery advised by Vice-Chancellor Fielder, who filed the following opinion: “The bill of complaint is filed to foreclose a mortgage dated July 15th, 1916, given to James McElroy and Maud McElroy, his wife, covering lands in this state.

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On appeal from an order of the court of chancery advised by Vice-Chancellor Fielder, who filed the following opinion: “The bill of complaint is filed to foreclose a mortgage dated July 15th, 1916, given to James McElroy and Maud McElroy, his wife, covering lands in this state. The bill alleges that James McElroy died intestate December 8th, 1917; that no letters of administration were granted on his estate, and that on November 28th, 1919, his wife, said Maud McElroy, assigned the mortgage to complainant. There is no allegation that prior to the time of such assignment she had acquired any…

1Per curiam

The order annealed from will be affirmed, for the reasons stated in the opinion filed in the court below by Vice-Chancellor Fielder.

*687For ajfLrnicmoe—The Chibe-Justice, Swayze, Trenci-iard, Parker, Minturn, Kalisoh, Black, Katzenbach, White, Heppeni-ieimer, Williams, Gardner—12. For reversal—Bergen—1.

2Cited by6 opinions

  1. Wilson v. StevensNew Jersey Court of Chancery · 1929
  2. Franklin Nat. Bank v. FreileNew Jersey Court of Chancery · 1934
  3. Gimbel v. VeninoNew Jersey Court of Chancery · 1944
  4. Oppenheimer v. SchultzNew Jersey Court of Chancery · 1930
  5. Whelan v. ConroyNew Jersey Court of Chancery · 1940

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