Legal Opinion

Strong v. Smith

Supreme Court of New Jersey

Decided July 7, 1905PublishedCited by 8 opinions

On appeal of David Lamar, the person in possession, against Albert G. Spalding-, petitioner, for writ of assistance. From an order of the court of chancery advised by Vice-Chancellor Stevenson, who filed the following opinion: The petition for the order for possession is, as usual, filed by the purchaser at the foreclosure sale. This pure] laser, Mr. Albert G. Spalding, in fact was a defendant in the foreclosure suit as the holder of a mortgage upon the premises in question.

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On appeal of David Lamar, the person in possession, against Albert G. Spalding-, petitioner, for writ of assistance. From an order of the court of chancery advised by Vice-Chancellor Stevenson, who filed the following opinion: The petition for the order for possession is, as usual, filed by the purchaser at the foreclosure sale. This pure] laser, Mr. Albert G. Spalding, in fact was a defendant in the foreclosure suit as the holder of a mortgage upon the premises in question. He stands now, however, in this court with his petition asserting his rights by virtue of his purchase. The party to…

1Opinion of the Court

The opinion of the court was delivered by

Dixon, J.

On June 12th, 1900, Albert G-. Spalding executed to Alice C. Strong a mortgage for $50,000, on land in Monmouth county, and the mortgage was duly recorded June 20th, 1900. On April 25th, 1901, Spalding conveyed the property to Bernard Smith, by deed, duly recorded April 29th, 1901, and Smith gave back to Spalding a purchase-money mortgage of the same date, which was also duly recorded on April 29th, 1901. On July 15th, 1903, Alice C. Strong filed a bill in chancery to foreclose her mortgage, making Spalding and Smith parties defendant, and in…

2Cited by8 opinions

  1. Dundee Naval Stores Co. v. McDowellSupreme Court of Florida · 1913
  2. Riley v. GrissettDistrict Court of Appeal of Florida · 1990
  3. Bennett v. United States Land, Title & Legacy Co.Arizona Supreme Court · 1914
  4. Ditmars v. Camden Trust Co.New Jersey Court of Chancery · 1942
  5. City of Asbury Park v. EhrlichMonmouth County Circuit Court, N.J. · 1947

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