Robbins v. Long
New Jersey Court of Chancery
The bill was filed to foreclose a mortgage for $1000, given by the defendant to Nancy T. Long. The cagse was heard upon the bill, answer and proofs; and an order of reference was made to ascertain and report the amount due upon the mortgage, and what part of the mortgaged premises should be sold. The master reported an amount due greater than the penalty of the bond, and advised the sale of a part of the mortgaged premises.
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The bill was filed to foreclose a mortgage for $1000, given by the defendant to Nancy T. Long. The cagse was heard upon the bill, answer and proofs; and an order of reference was made to ascertain and report the amount due upon the mortgage, and what part of the mortgaged premises should be sold. The master reported an amount due greater than the penalty of the bond, and advised the sale of a part of the mortgaged premises. To the report of the master, the defendant filed the following exceptions: 1. The amount reported due is larger than the penalty of the bond. 2. If the property be sold as…
1Opinion of the Court
The Chancellor.
The only exception relied upon is, that the amount reported by the master to be due to the Complainant, exceeds the penalty of the bond. It is insisted that in equity there can be no recovery upon a money bond beyond the amount of the penalty. It is very clear that for a long period this was the well settled rule of the English Court of Chancery.
It was treated as a settled point, that equity will not relieve beyond the penalty of the bond, as early as the 26 Charles 2, (1674), in Davis v. Curtis, 1 Chan. Cas. 226. The books are full of cases, where the principle is applied to…
2Cases cited6 opinions
- Mower v. KipNew York Court of Chancery · 1836
- Burrill v. PhillipsU.S. Circuit Court for the District of Rhode Island · 1812
- Warner v. ThurloMassachusetts Supreme Judicial Court · 1818
- Cook v. TouseyNew York Supreme Court · 1830
- Lawrence v. United StatesU.S. Circuit Court for the District of Michigan · 1841
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