Harrison v. New Jersey Railroad
Supreme Court of New Jersey
By an agreement in writing, dated 5tli March, I860, Thomas P. Johnson, one of the defendants, agreed to sell to Joseph Harrison seven eighths of certain lots of lands in Newark, for $2848, the deed to be delivered on or before the first of May, in the same year; the sum of $37.50 to be paid on the delivery of the deed, and the residue to be secured by a mortgage upon those lots, and also upon certain other land, which, by an agreement of the same date, said Harrison agreed…
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By an agreement in writing, dated 5tli March, I860, Thomas P. Johnson, one of the defendants, agreed to sell to Joseph Harrison seven eighths of certain lots of lands in Newark, for $2848, the deed to be delivered on or before the first of May, in the same year; the sum of $37.50 to be paid on the delivery of the deed, and the residue to be secured by a mortgage upon those lots, and also upon certain other land, which, by an agreement of the same date, said Harrison agreed to sell to said Johnson. By the agreement first mentioned, Harrison also agreed that he would endeavor to get the title…
1Opinion of the Court
The opinion of the court was delivered by
The Chief Justice.
■ The defence in this case cannot rest on the ground that the mortgage in dispute was marked satisfied upon the county register, and that the defendants took their title in reliance upon that fact. The evidence is clear to the point, that at the time the defendants accepted their conveyance this mortgage stood uncanceled of record, and that, being in the possession of the grantor, Mr. Johnson, it was surrendered by him, as a part of the ceremony of the transfer of title, to the defendants, who subsequently, by their agent, presented…
2Cited by1 opinion
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