Chapin v. Wright
New Jersey Court of Chancery
Twenty years’ possession of the premises by a mortgagee, under his mortgage, pursuant to the eighteenth section of the statute of limitations, bars the mortgagor’s equity of redemption, and the extinguishment of the mortgagor’s-equity effected by this statute, unlike the extinguishment effected by mere judicial action, is not subject to be waived by an incautious admission of the-mortgagee.
1Opinion of the Court
Van Fleet, V. C.
The complainant brings this suit to quiet her title to certain land. Her bill is filed under the act of 1870. Rev. p. 1189. Instead of simply alleging that she is in peaceable possession of the land in question, as owner, she has given a full history of her title. It originated, as her bill states, in a mortgage made on the 21st day of June, 1830, by Lewis Wright and wife to Timothy Herbert, to secure the payment of $165 on the 21st day of June, 1831. The mortgage conveyed the fee. The mortgagee took possession of the mortgaged premises, under his mortgage, on the 30th day of…
2Cases cited4 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Demarest v. WynkoopNew York Court of Chancery · 1817
- Calkins v. . IsbellNew York Court of Appeals · 1859
- Moran v. DentonNew Jersey Court of Chancery · 1917
3Cited by5 opinions
- Scott v. ScottNew Jersey Court of Chancery · 1933
- Cocheu v. N.J. General Security Co.New Jersey Court of Chancery · 1940
- Roseville Bldg., C., Newark v. KlenenNew Jersey Court of Chancery · 1934
- Lint, Butscher, C., Co. v. Brinkerhoff EstateNew Jersey Court of Chancery · 1933
- Rose v. MaxwellNew Jersey Court of Chancery · 1948