Buecker v. Carr
New Jersey Court of Chancery
On cross-bill and answer thereto, and proofs. This canse came on for hearing on the cross-bill filed by Charles J. Costello, administrator, &c., of Hannah McEadden. The original bill in this canse was filed to foreclose a mortgage for $1,000 made by Mary Carr and others to Hannah McEadden, in her lifetime, upon property in Atlantic City.
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On cross-bill and answer thereto, and proofs. This canse came on for hearing on the cross-bill filed by Charles J. Costello, administrator, &c., of Hannah McEadden. The original bill in this canse was filed to foreclose a mortgage for $1,000 made by Mary Carr and others to Hannah McEadden, in her lifetime, upon property in Atlantic City. The original bill alleges that on the 27th day of December, 1898, Hannah McEadden, the mortgagee, departed this life intestate, and that prior to her death, and while in her last illness, and apprehension of death was near, to wit, on the 26th day of…
1Opinion of the Court
Grey, V. C.
The question presented for determination on the issues raised by the cross-bill and the answer thereto,' involves simply the ownership of the bond and mortgage sought to be foreclosed.
Both parties claim to own that bond and mortgage, and also to have derived their ownership from the same source — Miss McFadden, the mortgagee. Neither side denies that she was in her lifetime the owner of the bond- and mortgage in question, and that she'continued to be the owner of it up to the day of her death. There is no claim that she ever executed any written assignment of it, nor that she was…
2Cases cited1 opinion
- Keepers v. Fidelity Title & Deposit Co.Supreme Court of New Jersey · 1893
3Cited by11 opinions
- Cheshire v. Des Moines City Railway Co.Supreme Court of Iowa · 1911
- Hecht v. ShafferWyoming Supreme Court · 1906
- Campbell v. HughesSupreme Court of Alabama · 1907
- United States v. BrazilCourt of Appeals for the Seventh Circuit · 1943
- Ex Parte ShuttlesworthSupreme Court of Alabama · 1982
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