Moran v. Neville
New Jersey Court of Chancery
On bill to foreclose and exceptions to master’s report. This is a bill to foreclose two mortgages held by the complainant, Bridget Moran. Her right to have a decree in accordance with the prayer of her bill is not disputed.
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On bill to foreclose and exceptions to master’s report. This is a bill to foreclose two mortgages held by the complainant, Bridget Moran. Her right to have a decree in accordance with the prayer of her bill is not disputed. The questions in issue are raised by the answer and cross-bill of the defendant James N. Butterly, and by the exceptions filed in the master’s report in the cause by that defendant, and affect only the equities between the defendants, the heirs of Robert Neville, and the defendant Bessie Neville, his widow. In 1889, Robert Neville was the owner of a lot of land on Jackson…
1Opinion of the Court
Grey, V. C.
The exceptions to the master’s report are based upon the same grounds set up in the answer of the excepting defendant, Butterly. He contends that the Jackson avenue property was included in the mortgage of 1890, with the Randolph avenue property, solely as a collateral security, and that it should respond to the payment of that mortgage only in the event that the proceeds of the Randolph avenue property should be insufficient to pay it.
The attention of the mortgagors in making the mortgage of 1890 was evidently especially called to the relation of the mortgage debt to the…
2Cases cited1 opinion
- Gordon v. GordonNew Jersey Court of Chancery · 1917