Point Breeze Ferry & Improvement Co. v. Bragaw
New Jersey Court of Chancery
On appeal from a decree of the chancellor made in Bragaw’s Fxrs. v. Qurrie et al. On December 15th, 1873, Robert T. Currie executed and delivered to William Bragaw a bond for the payment of $10,000,. secured by mortgage on a tract of land in Jersey City, described' by metes and bounds, except in the fourth or easterly line," and; running easterly to New York bay, “including all land lying-under water in the New York bay in front of the upland embraced within the aforesaid…
Read the full summary
On appeal from a decree of the chancellor made in Bragaw’s Fxrs. v. Qurrie et al. On December 15th, 1873, Robert T. Currie executed and delivered to William Bragaw a bond for the payment of $10,000,. secured by mortgage on a tract of land in Jersey City, described' by metes and bounds, except in the fourth or easterly line," and; running easterly to New York bay, “including all land lying-under water in the New York bay in front of the upland embraced within the aforesaid boundaries, together with all and. singular the tenements, hereditaments and appurtenances ” &c. On May 9th, 1875, Robert…
1Opinion of the Court
The opinion of the court was delivered by
Scudder, J.
The decree for sale of the mortgaged land in the reverse order of the conveyances, and ordering the portion yet remaining in the mortgagor to be first sold, is correct according to the usual course of sales in equity of lands encumbered by mortgages.
The third parcel, being the two feet fronting on New York bay, is described as two feet northwesterly from high-water line in New York bay, and running on a line parallel to said high-water line, and two feet northwesterly therefrom &c. This' is clearly within the mortgaged premises as part of…
2Cited by3 opinions
- W.D. Cashin Co. v. Alamac Hotel Co., Inc.New Jersey Court of Chancery · 1925
- Provident Mutual Life Ins. Co. v. DoughtyNew Jersey Court of Chancery · 1939
- Buzby v. RoseNew Jersey Court of Chancery · 1933