McCahill v. Equitable Life Assurance Society
Supreme Court of New Jersey
The mortgaged premises were sold under a decree of foreclosure, and the purchasers, the appellants in this court, applied to the Chancellor, by petition, to have their deposit returned, and to be relieved from their bid, on the ground that a non-resident defendant, the widow of the mortgagor, had not been made, legally, a party to the suit, and that the title, consequently, was defective. The grounds of this exception are stated in the opinion.
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The mortgaged premises were sold under a decree of foreclosure, and the purchasers, the appellants in this court, applied to the Chancellor, by petition, to have their deposit returned, and to be relieved from their bid, on the ground that a non-resident defendant, the widow of the mortgagor, had not been made, legally, a party to the suit, and that the title, consequently, was defective. The grounds of this exception are stated in the opinion. The purchasers appealed, the decision in Chancery being against them. The opinion of the Chancellor is reported in 9 C. E. Green 319.
1Opinion of the Court
The opinion of the court was delivered by
The Chief Justice.
This was an application by purchasers at a foreclosure sale, to be relieved from the bid made by them.
The power of the court, thus invoked, is one which should, on all proper occasions, be liberally exercised. It has sometimes been said, that the court has rather a greater power over these contracts, which are made with itself, than over any other class. And the cases are numerous in which the buyer has been absolved from the obligation of his bargain, on the plea that he had been misled by mistake, or entrapped by fraud. Mr. Sugden…
2Cases cited3 opinions
- Granger v. ClarkSupreme Judicial Court of Maine · 1842
- Tarbox v. HaysSupreme Court of Pennsylvania · 1837
- Town of Huntington v. Town of CharlotteSupreme Court of Vermont · 1843
3Cited by7 opinions
- Gen. Invest. Co. v. Amer. Hide Leather Co.New Jersey Court of Chancery · 1925
- C. D. Building Corp. v. GriffithesNew Jersey Court of Chancery · 1931
- Andes v. BoyajianNew Jersey Superior Court Appellate Division · 1951
- Elmore Development Co. v. BinderNew Jersey Court of Chancery · 1925
- Lintott v. McCluskeyNew Jersey Court of Chancery · 1929
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