Fox v. Wharton
Court of Chancery of Delaware
Bill to foreclose a mortgage.—On the 12th day of November, 1867, Bolitha L. Wharton and wife executed a mortgage of three several tracts, pieces, and parcels of land to secure the payment of the sum of $9,000, with lawful interest for the same, from and after the 1st day of January next after the date of said mortgage, in the manner and at the times mentioned and stipulated in a certain writing obligatory recited in said mortgage.
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Bill to foreclose a mortgage.—On the 12th day of November, 1867, Bolitha L. Wharton and wife executed a mortgage of three several tracts, pieces, and parcels of land to secure the payment of the sum of $9,000, with lawful interest for the same, from and after the 1st day of January next after the date of said mortgage, in the manner and at the times mentioned and stipulated in a certain writing obligatory recited in said mortgage. The said sum of $9,000, with interest for the same, as aforesaid, was to be paid in the following manner r “ The whole principal debt to be clear of interest until…
1Opinion of the Court
The Chancellor.
The first proposition — namely, that, the court of chancery in this State has no j urisdiction whatever of the subject of mortgages — may seem startling to-some of the older members of the profession, the generally received opinion being, as I had supposed, that such jurisdiction exists. It is not the dictate, however, of sound reasoning; to reject a proposition as untrue upon its first announcement,, and for the reason, solely, that it has never been heard of before. Such a determination would necessarily lead to the rejection of all propositions, however correct and…
2Cases cited3 opinions
- Adams v. EssexCourt of Appeals of Kentucky · 1808
- Morgenstern v. KleesIllinois Supreme Court · 1863
- West Branch Bank v. ChesterSupreme Court of Pennsylvania · 1849
3Cited by19 opinions
- Glanding v. Industrial Trust Co.Supreme Court of Delaware · 1945
- In re ThompsonNew Jersey Court of Chancery · 1915
- Clark v. Teeven Holding Co., Inc.Court of Chancery of Delaware · 1992
- Bindseil v. Liberty Trust Co.Court of Appeals for the Third Circuit · 1917
- Matter of SkellyDistrict Court, D. Delaware · 1984
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