Stevenson v. Black
New Jersey Court of Chancery
It appears from the pleadings and evidence in this case, that on the 22d of March, 1817, Samuel L. Howell, of Gloucester county, executed to Samuel Whitall, of the same place, six several bonds, conditioned for the payment of two thousand dollars each, with interest from the 25th day of March then instant.
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It appears from the pleadings and evidence in this case, that on the 22d of March, 1817, Samuel L. Howell, of Gloucester county, executed to Samuel Whitall, of the same place, six several bonds, conditioned for the payment of two thousand dollars each, with interest from the 25th day of March then instant. The first of the said six bonds became due and payable on the 25th of March, 1818; the second, in March, 1819; the third, in March, 1820 ; the fourth, in March, 1821; the fifth, in March, 1822; and the last one, in March, 1823. To secure the payment of the monies due on these bonds, Howell…
1Opinion of the Court
The Chancellor.
If Black be liable at all, in personam, it must arise out of the general principles of equity resulting from his situation as a purchaser of the equity of redemption, subject to the mortgage, and being in possession of the mortgaged premises, receiving the rents, issues and profits thereof;—or, it must spring out of some express agreement, whereby he is to be charged, distinct from his liability as a purchaser. Let us examine these grounds, and see whether they will sustain the plaintiffs in their claims.
On general principles, as held in this court, the purchaser of an equity…
2Cited by5 opinions
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- Hyman v. Sun Ins. Co.New Jersey Superior Court Appellate Division · 1961
- Kelly v. Middlesex Title, C., Trust Co.New Jersey Court of Chancery · 1934
- Wittson v. Englewood Plumbing Supply Co., Inc.New Jersey Court of Chancery · 1937
- Aque v. DexheimerNew Jersey Superior Court Appellate Division · 1938