Legal Opinion

Melick v. Pidcock

Supreme Court of New Jersey

Decided June 15, 1888PublishedCited by 1 opinion

On appeal from a decree in chancery, advised by William 8. Gummere, Esq., Advisory Master, who filed the following conclusions : The bill in this cause is filed for a strict foreclosure of mortgaged premises, under the following circumstances: On the twentieth day of April, 1878, the defendant, Tunis D. Melick (his wife not joining with him), executed a mortgage to his father, Peter W. Melick, for the expressed consideration of $1,200. On the fifteenth day of May, 1878, the…

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On appeal from a decree in chancery, advised by William 8. Gummere, Esq., Advisory Master, who filed the following conclusions : The bill in this cause is filed for a strict foreclosure of mortgaged premises, under the following circumstances: On the twentieth day of April, 1878, the defendant, Tunis D. Melick (his wife not joining with him), executed a mortgage to his father, Peter W. Melick, for the expressed consideration of $1,200. On the fifteenth day of May, 1878, the defendant conveyed all his interest in the premises conveyed by the mortgage, for a nominal consideration, to one Sarah…

1Opinion of the Court

The opinion of the court was delivered by

Depue, J.

Tunis D. Meliek, on the 20th of April, 1878, made a mortgage to his father, Peter W. Meliek, upon certain lands in the *537county of Hunterdon, which he had acquired under the will of his grandfather. The mortgage was assigned by Peter W. Meliek to Fisher Pidcock, the complainant, on the 24th of July, 1884.

Subsequent to the making of the mortgage, and prior to the assignment to Pidcock, to wit, on the 15th of May, 1878, Tunis conveyed the mortgaged premises to Sarah Ann Studdiford, in trust. The deed of conveyance was an indenture of bargain and…

2Cases cited3 opinions

  1. Newhall v. WheelerMassachusetts Supreme Judicial Court · 1810
  2. Welch v. AllenNew York Supreme Court · 1839
  3. North v. PhilbrookSupreme Judicial Court of Maine · 1852

3Cited by1 opinion

  1. Riley v. RileyNew Jersey Court of Chancery · 1930

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