Legal Opinion

Eldridge v. Eldridge

New Jersey Court of Chancery

Decided February 15, 1862PublishedCited by 4 opinions

Thia was a bill filed by a mortgagee, who bad also become tbe owner of tbe equity of redemption against tbe widow of tbe mortgagor, who bad united in tbe mortgage, praying that she either redeem tbe mortgage or be foreclosed of all right to tbe mortgaged premises. Tbe complainant bad become tlie purchaser of tho equity of redemption at sheriff’s sale under executions against tbe mortgagor. For tbe defendant it was contended — ■ First.

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Thia was a bill filed by a mortgagee, who bad also become tbe owner of tbe equity of redemption against tbe widow of tbe mortgagor, who bad united in tbe mortgage, praying that she either redeem tbe mortgage or be foreclosed of all right to tbe mortgaged premises. Tbe complainant bad become tlie purchaser of tho equity of redemption at sheriff’s sale under executions against tbe mortgagor. For tbe defendant it was contended — ■ First. That tbe mortgage debt was included in the judgment under which tbe equity of redemption, was sold, and wras thereby extinguished. Second. That tbe defendant is…

1Opinion of the Court

The Chancellor.

Abraham Eldridge, in his lifetime, .with his wife Rebecca, the defendant in this suit, on the fifth of May, 1849, executed to the complainant a mortgage upon a house and lot. in the county of Mercer, to secure the payment .of $365, with interest. On the tenth of March, 1860, .the complainant recovered a judgment in the Mercer Circuit against the mortgagor. By virtue of an execution issued upon this .judgment, and of other executions against the same defendant, the sheriff of the county of Mercer, by deed bearing date on the first day of .August, 1860, conveyed to the…

2Cases cited2 opinions

  1. Russell v. AustinNew York Court of Chancery · 1828
  2. Andreas v. AndreasNew Jersey Court of Chancery · 1917

3Cited by4 opinions

  1. Sears, Roebuck Co. v. CampSupreme Court of New Jersey · 1938
  2. McFarland v. WithersNew Jersey Court of Chancery · 1937
  3. Surety B. L. Assn. v. RisackNew Jersey Court of Chancery · 1935
  4. Patsourakos v. KolioutosNew Jersey Court of Chancery · 1942

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