Legal Opinion

Administrator of Wildrick v. Swain

New Jersey Court of Chancery

Decided May 15, 1881Published

On final hearing on bill, answer and proofs taken before a master.

1Opinion of the Court

Van Fleet, V. C.

This case presents but a single question. The suit is brought to foreclose a mortgage. The defendant admits a debt of $350, but the complainant claims a much larger sum. The dispute is confined to the question as to what sum the complainant is entitled to recover.

The mortgage in suit was executed April 10th, 1850, by Abram Wildrick and Isaac Wildrick to Susan Wildrick. The mortgagors were the step-sons of the mortgagee. The mortgage was given to secure the payment of a bond, made by Abram and Isaac, to Susan, in the sum of $2,000, with condition that the obligors should pay…

2Cases cited5 opinions

  1. Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
  2. Frisbie v. LarnedNew York Supreme Court · 1839
  3. Rice v. DeweyNew York Supreme Court · 1862
  4. Kulp v. RickettsSupreme Court of Pennsylvania · 1863
  5. Steinhardt Bros. & Co. v. CohenNew Jersey Court of Chancery · 1916

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