Legal Opinion
Redrow v. Sparks
New Jersey Court of Chancery
Decided June 21, 1909PublishedCited by 4 opinions
On bill to foreclose and cross-bill.
1Opinion of the Court
Leaking, Y. C.
The defences available to a mortgagor in resisting the foreclosure of a purchase-money mortgage which he has given to his vendor for all or a part of the consideration of a deed of conveyance to him for the same premises containing covenants of warranty of title, or against encumbrances, are considered by Vice-Chancellor Stevens in Kuhnen v. Parker, 56 N. J. Eq. (11 Dick.) 286, and the adjudications in this state in cases of that class are there collected. It will be observed that where there is a covenant against encumbrances, the mortgagor may be allowed a deduction for prior…
2Cases cited1 opinion
- Agens v. KochNew Jersey Court of Chancery · 1908
3Cited by4 opinions
- Hilton Hotels Corp. v. Piper Co.New Jersey Superior Court Appellate Division · 1986
- Curtiss-Warner Corp. v. ThirkettleNew Jersey Court of Chancery · 1926
- Freeman v. AndersNew Jersey Court of Chancery · 1928
- Wilson v. Moorland Farms Corp.New Jersey Court of Chancery · 1928