Avon-by-the-Sea Land & Improvement Co. v. Finn
Supreme Court of New Jersey
On appeal from an order advised by Vice-Chancellor Emery. On March 23d, 1882, Thomas W. Finn gave his bond to Ann Swanton conditioned for the payment, on July 25th, 1887, of an indebtedness of $35,000, and secured the same by mortgage of certain lands in Monmouth county.
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On appeal from an order advised by Vice-Chancellor Emery. On March 23d, 1882, Thomas W. Finn gave his bond to Ann Swanton conditioned for the payment, on July 25th, 1887, of an indebtedness of $35,000, and secured the same by mortgage of certain lands in Monmouth county. The mortgage contained a covenant, by the mortgagee, to release to the mortgagor, his heirs and assigns, “ at any time during the existence or continuance” of the mortgage, any part of the mortgaged premises on payment therefor, on the mortgage debt, at the rate of $1,000 per acre. On July 26th, 1882, Finn conveyed the…
1Opinion of the Court
The opinion of the court was delivered by
Collins, J.
We see no reason to question the propriety of the order from which this appeal was taken. The affidavits disclose no reasonable excuse for the appellant’s inaction between the time of the last sale of lots in July and the tender on September 2d, and no excuse .whatever for permitting the taking of the decree nearly three weeks later and delaying application to open such decree *807until the eve of the advertised sale. Laches, although not always fatal to an application to open a chancery decree or to an appeal from a refusal to open such a…
2Cited by6 opinions
- Reilly v. City Deposit Bank & Trust Co.Supreme Court of Pennsylvania · 1936
- Cameron v. Penn Mutual Life Ins. Co.New Jersey Court of Chancery · 1934
- Malba Terrace Corp. v. Portaupeck PropertiesNew Jersey Court of Chancery · 1930
- Reilly v. City Deposit Bank & Trust Co.Superior Court of Pennsylvania · 1935
- Marshall & Ilsley Bank v. GreeneWisconsin Supreme Court · 1938
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