Legal Opinion

Atwood v. Carmer

New Jersey Court of Chancery

Decided May 10, 1909PublishedCited by 11 opinions

On decree for sale in foreclosure and application to redeem. On bill and application for injunction.

1Opinion of the Court

Emery, Y. C.

The complainant Mrs. Atwood,’ holder of a first mortgage, obtained a final decree on foreclosure on November 23d, 1905, *321directing a sale of the mortgaged premises for the payment of her debt, $12,765, with interest from November 21st, 1905. The mortgagors and owners, Mr. and Mrs. Carmer, were parties defendant as were also subsequent encumbrancers, including George W. Cole, the second mortgagee. No proof of the subsequent claims was made in the foreclosure suit, and the decree for sale directed payment only of the complainant’s mortgage, the surplus, if any, to be brought into…

2Cited by11 opinions

  1. Brown v. National State Bank (In Re Brown)United States Bankruptcy Court, D. New Jersey · 1987
  2. Ghee v. DavenportNew Jersey Superior Court Appellate Division · 1949
  3. Penn Federal Savings and Loan Ass'n v. JoyceNew Jersey Superior Court Appellate Division · 1962
  4. In Re McKeonUnited States Bankruptcy Court, D. New Jersey · 1988
  5. Union B. L. Asso. Camden v. ChildreyNew Jersey Court of Chancery · 1924

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