Legal Opinion

Wilbur v. Jones

Supreme Court of New Jersey

Decided November 18, 1912PublishedCited by 6 opinions

On appeal from a decree of the court of chancery advised by Vice-Chancellor Walker, who- delivered the following opinion: The bill in this cause was filed to foreclose a mortgage for $600 made by the defendant, William C. Jones, to the late Ephriam P. Emson, November 29tb, 1894, and contains this recital, “said $600 is part payment as purchase-money.”

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On appeal from a decree of the court of chancery advised by Vice-Chancellor Walker, who- delivered the following opinion: The bill in this cause was filed to foreclose a mortgage for $600 made by the defendant, William C. Jones, to the late Ephriam P. Emson, November 29tb, 1894, and contains this recital, “said $600 is part payment as purchase-money.” The mortgagee •died in June, 1896. Ho interest was paid on the mortgage to him in his lifetime,,and none has been paid to his executrix since his death. Mr. Jones was married at the time tire mortgage was given, but his wife did not join in it,…

1Per curiam

The decree appealed from will be affirmed, for tire reasons stated in the opinion filed in the court .below by Vice-Chancellor Walker, but without costs.

For affirmance—The Chiee-Justice, Garrison, Swayze, Trenohard, Bergen, Voorhees, Minturn, Kalisch, Bogert, Vredenburgh, White, Treacy—12.

For reversal—None.

2Cited by6 opinions

  1. First Nat. Bank of Ardmore v. GillamSupreme Court of Oklahoma · 1927
  2. Westervelt v. Gateway Financial ServiceNew Jersey Superior Court Appellate Division · 1983
  3. Talcott, Inc. v. ROTO AMERICAN CORP.New Jersey Superior Court Appellate Division · 1973
  4. Applegate v. QuackenbushNew Jersey Superior Court Appellate Division · 1948
  5. Mariner of Pennsville, Inc. v. S.T.G. Enterprises, Inc. (In Re S.T.G. Enterprises, Inc.)United States Bankruptcy Court, D. New Jersey · 1982

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