Boice v. Conover
New Jersey Court of Chancery
Heard on bill, cross-bill, answer, proofs and decree, and supplemental bill after decree, answers, cross-bill, replications and proofs. This case involves the application of the doctrines of subrogation and of lis pendens to a somewhat complicated state of facts.
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Heard on bill, cross-bill, answer, proofs and decree, and supplemental bill after decree, answers, cross-bill, replications and proofs. This case involves the application of the doctrines of subrogation and of lis pendens to a somewhat complicated state of facts. The facts are, in the main, undisputed, and so far as material for present purposes, I find them to be as follows: On September 8th, 1893, the firm of Conover & Allen (composed of Cornelius H. Conover and William Allen) executed a chattel mortgage on personal property of the firm to the defendant Edwin Allen for $4,800. Subsequently…
1Opinion of the Court
Emery, Y. 0.
(after statement).
The decree on appeal directing the subrogation of Edwin Alíen to the lien of the judgment settled the right to subrogation as against the parties to the suit, and all persons bound by the decree, but does not itself execute or work out the subrogation, and on the remittitur the cause is now before this court for that purpose. At the timie of filing the original bill, the Mapes company, as judgment creditor, and Cornelius hT. Conover, as judgment debtor, and owner of the lands, subject to the judgment and levy, were the only persons directly interested either in…
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