Lawless v. Fleming

The opinion of the court was delivered by

Nikon, J.

The bill in this cause, in which the appellants are the defendants, was filed to foreclose a mortgage held by the respondent upon property in Jersey City. A final decree was made on the 25th of January, 1897, and a sale of the mortgaged premises ordered. While an appeal to this court was pending, an application, based upon affidavits that a lost receipt had been found, was made by the appellants to have the record in the cause remitted to the court of chancery for such further action by that court as it might deem fit and just without…