McMurtry v. Bowers
Supreme Court of New Jersey
On appeal from a decree of the court of chancery advised, by Vice-Chancellor Backes, whose opinion is reported in 90 N. J. Eq. 103.
1Opinion of the Court
The opinion of the court was delivered by
Parker, J.
The basic facts are fully stated in the opinion of the vice-chancellor, but must also be dealt with here. The bill was an attack by a judgment and execution creditor named Catharine Bowers, upon a mortgage made by the defendant Annie Bowers and her husband, Henry, as in fraud of complainant’s rights. Catharine died pending the litigation and her executor was substituted.
The mortgage in question was made to the defendant Rose, whom the vice-chancellor found to have been at the time a Iona fide creditor, not of Annie, but of her husband, Henry,…
2Cited by4 opinions
- Davis v. Hudson Trust Co.Court of Appeals for the Third Circuit · 1928
- Sabatino v. D'AloiseNew Jersey Court of Chancery · 1930
- Bickwit v. HammesNew Jersey Superior Court Appellate Division · 1955
- Meltz v. East Orange BankNew Jersey Court of Chancery · 1929