Mansfield v. Hammond

The opinion of the court was delivered by

Heher, J.

We are in accord with the conclusion of the learned vice-chancellor that the bill of complaint should be dismissed.

We are not to be understood as giving assent to the view, expressed in the opinion, that the sale of the lands in question was a valid exercise of a power of sale given contemporaneously with the deed of conveyance to respondent Hammond within the rule laid down in Clark v. Condit, 18 N. J. Eq. 358.

Notwithstanding the contrary implication of the ruling so made by the vice-chancellor, this conveyance was indisputably an equitable…