Legal Opinion

Embury v. Bergamini

New Jersey Court of Chancery

Decided October 15, 1873PublishedCited by 6 opinions

On motion to amend final decree, and counter motion to open decree, with leave to answer.

1Opinion of the Court

The Chancellor.

The complainant applies for an amendment of the final decree in this cause, so as to make it a personal decree against the defendant, Thomas Proctor. The bill was filed to foreclose a mortgage given by Bergamini and wife, and held by the complainant. After the giving of the mortgage, Bergamini and wife conveyed the mortgaged premises to Proctor, subject to the encumbrance of the mortgage, and he subsequently conveyed them away in like manner. The bill alleged that he not only took the premises subject to the mortgage, but that he agreed with his grantors that he would pay it,…

2Cases cited1 opinion

  1. Millspaugh v. McBrideNew York Court of Chancery · 1839

3Cited by6 opinions

  1. Schulwitz v. ShusterNew Jersey Superior Court Appellate Division · 1953
  2. Mayflower Industries v. Thor Corp.New Jersey Superior Court Appellate Division · 1952
  3. Schaffer v. HurdNew Jersey Court of Chancery · 1925
  4. Kaffitz v. ClawsonNew Jersey Court of Chancery · 1944
  5. Morris County B. L. Assn. v. WaltersNew Jersey Court of Chancery · 1937

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