Emery v. Hansen

The suit is for foreclosure of a purchase-money mortgage covering lands in Monmouth county. The answer set up by way of counter-claim that the deed from complainant to defendants contained a covenant against encumbrances, and that at the time of the conveyance the premises were encumbered by a private right of way running from Oceanic avenue to the North Shrewsbury river, which, as stated by the vice-chancellor, "overlaps the defendants' lot about six feet at the [west] front and gradually widens to over twenty feet at the rear," and the easterly line of which cuts through the house and…