Legal Opinion

Friel v. Diana Realty Co.

New Jersey Court of Chancery

Decided January 7, 1930Published

1Opinion of the Court

Complainant files his bill to foreclose a mortgage upon certain lands and premises in Atlantic City. The petitioner is made a defendant because he is the holder of a mortgage upon the same premises in the sum of $25,000, subject to the mortgage being foreclosed, and is alleged so to be in said bill of complaint.

The petitioner alleges that he retained counsel to take care of its interest in said foreclosure suit, and that through inadvertence, the solicitors neglected and failed to file and answer in its behalf or to file a notice to report its encumbrance; that such proceedings were thereupon…

2Cases cited4 opinions

  1. O'Neill v. LinowitzNew Jersey Court of Chancery · 1920
  2. Emery v. DowningNew Jersey Court of Chancery · 1860
  3. Tipton v. RandallNew Jersey Court of Chancery · 1917
  4. Vanderveer's Administrator v. HolcombSupreme Court of New Jersey · 1871

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