Mulford v. Williams
New Jersey Court of Chancery
In March, 1849, Isaac S. Mulford exhibited his bill of foreclosure, on a mortgage, dated November IT, 184T, given by Thomas C. Williams.
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In March, 1849, Isaac S. Mulford exhibited his bill of foreclosure, on a mortgage, dated November IT, 184T, given by Thomas C. Williams. The hill states, that, on the 2Tth of March, 1848, as the complainant is informed and believes, Joseph Franklin recovered a judgment, in the Common Pleas of the County of Gloucester, against the said Thomas C. Williams, for $632.30 debt, and #4 costs; which judgment remains unsatisfied, and a lien on the premises described in the said mortgage. That, on the 5th of April, 1848, the said Williams executed another mortgage on the same premises to William S.…
1Opinion of the Court
The Chancellor.
The Master could not properly change the order of priority of the incumbrances as given in the bill, and established by the decree pro confesso.
Franklin’s incumbrance was set out in the bill with sufficient particularity to enable the Master to report what was due upon it, and its order of priority •, and the decree pro confesso established it as an existing incumbrance.
The Master could not, by issuing a summons to Franklin to appear before him, put Franklin in a position to lose his rights, admitted by the bill and established by the decree pro con., by failing to attend the…
2Cited by1 opinion
- Practical Bldg., C., Newark v. MeisolNew Jersey Court of Chancery · 1927