Ocean County National Bank v. Stillwell

The opinion of the court was delivered by

Hehek, J.

The challenged decree dismissed complainant’s bill to foreclose a mortgage bearing date December 2d, 1924, made by defendant Joseph Stillwell, to his son, Herman P. Stillwell, purportedly given to secure payment of a bond bearing even date therewith, made by the father to the son, conditioned for the payment of $10,000 on December 2d, 1925, with interest thereon at the rate of six per cent, per annum. The mortgage recited that the father was “justly indebted” to the son in that sum.

The bill is in the usual form. It alleges the execution and…