Burgin v. Rutherford
New Jersey Court of Chancery
On bill, answer and proofs. The complainant in this case, William M. Burgin, trustee under the will of Charles F. Burgin, deceased, filed his bill to foreclose a mortgage made by James E. Day and wife to Randall E. Morgan, bearing the date October 14th, 1886, recorded in the Camden county clerk’s office October 23d, 1886, on a lot of land in the city of Camden.
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On bill, answer and proofs. The complainant in this case, William M. Burgin, trustee under the will of Charles F. Burgin, deceased, filed his bill to foreclose a mortgage made by James E. Day and wife to Randall E. Morgan, bearing the date October 14th, 1886, recorded in the Camden county clerk’s office October 23d, 1886, on a lot of land in the city of Camden. The only question in controversy arises touching the interest of the defendant Joseph Kaighn in the mortgaged premises. The bill states that on August 27th, 1896, J. Willard Morgan, city solicitor of the city of Camden, under the act…
1Opinion of the Court
Grey, V. C.
Neither the bill nor the proofs raises any question as to the authority of the board having control of the finances of the city, to order a sale for the taxes and assessments named in the bill, at the time when it is stated to have been made. The validity of the tax sale is not disputed by the pleadings, proofs, or in argument, and I shall consider the case as it has been presented.
Upon the hearing it appeared that the mortgaged premises had been sold for taxes under the provisions of the “ Martin Act,” on August 27th, 1896, to the answering defendant Joseph Kaighn. He was made a…
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