Martin v. Bowen
New Jersey Court of Chancery
Final hearing on pleadings and oral proofs. The object of this bill is to establish an equitable lien on a tract of land put upon it by the then owners, Messrs.
Read the full summary
Final hearing on pleadings and oral proofs. The object of this bill is to establish an equitable lien on a tract of land put upon it by the then owners, Messrs. Clark & Hemarest, in favor of the complainant, to secure him for the endorsement of their note for $1,000. The equity rests upon a writing given by Clark & Demarest to the complainant, dated the 22d day of April, 1892, and is in these words: “ For value received the undersigned have this day delivered to Philip E. Martin a certain deed dated August 7th, 1891, and recorded in the office of the - register of Hudson county, New Jersey,…
1Opinion of the Court
Pitney, V. C.
The questions to be solved are — first, whether or n 4 what Transpired between the complainant and Clark & Demarest, in *454connection with the writing signed by them, gave the complainant a right in equity to a specific lien on the laud described in the deed last mentioned; and, if that is resolved in favor of the-complainant, then, second, whether that lien is good against the-defendant as assignee of Clark & Demarest.
First. I think it sufficiently clear that the agreement in question amounted to an equitable mortgage, or an agreement to give-a mortgage. It does, indeed, speak only…
2Cases cited13 opinions
- Cook v. TullisSupreme Court of the United States · 1874
- Stewart v. PlattSupreme Court of the United States · 1879
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- In re HoweNew York Court of Chancery · 1828
- Jerome v. McCarterSupreme Court of the United States · 1877
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Rutherford Nat. Bank v. H.R. Bogle Co.New Jersey Court of Chancery · 1933
- Humble Oil & Refining Co. v. DoerrNew Jersey Superior Court Appellate Division · 1973
- Gutermuth v. RopieckiNew Jersey Superior Court Appellate Division · 1977
- Bajek v. PolackNew Jersey Court of Chancery · 1936
- Liebers v. Plainfield, C., Building Co.New Jersey Court of Chancery · 1931
2 more not listed; retrieve them via the Exa API.