Spear v. Locust Wood Cemetery Co.
New Jersey Court of Chancery
On bill to foreclose, &e. Final hearing on pleadings and proofs. The bill seeks to foreclose a purchase-money mortgage made November 17th, 1902, by the Locust Wood Cemetery Company to complainant. Tlie defence is made that by the provisions of section 8 of the Cemetery act of 1875 (Gen. Stat. p. 850 § 8), the cemetery lands covered by the mortgage cannot be sold to satisfy the mortgage debt.
1Opinion of the Court
Leaking, V. C.
Defendant Locust Wood Cemetery Company was incorporated April 29th, 1902, under the General Corporation act. The object for which the corporation was formed is defined in its certificate of incorporation as: “To maintain cemetery or cemeteries.” November 17th, 1902, complainant conveyed to defendant Locust Wood Cemetery Company the tract of land now in question, and at the same time that company executed to complainant a purchase-money mortgage on the land conveyed to secure the payment of a bond given by the company for a part of the purchase price. Defendant Locust Wood…
2Cited by11 opinions
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- Abramowitz v. Washington Cemetery Assn.New Jersey Court of Chancery · 1947
- Allison v. Cemetery Caretaking Co.Supreme Court of Missouri · 1920
- Fidelity-Union v. Union CemeteryNew Jersey Court of Chancery · 1928
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