Legal Opinion

Devlin v. Collier

Supreme Court of New Jersey

Decided March 15, 1891PublishedCited by 4 opinions

• Prior to December 18th, 1868, Jarvis Wanser, Sr., was the-owner in fee of a farm of one hundred and four acres of land,, more or less, in East Brunswick, Middlesex county, New ■Jersey, of which the tract of fourteen and eighty-two one-■hundredths acres in question formed a part.

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• Prior to December 18th, 1868, Jarvis Wanser, Sr., was the-owner in fee of a farm of one hundred and four acres of land,, more or less, in East Brunswick, Middlesex county, New ■Jersey, of which the tract of fourteen and eighty-two one-■hundredths acres in question formed a part. On that day he-■conveyed, in fee by deed, with covenant of seisin, right to-convey and general warranty, the tract in controversy to-Bergen Low, and took a purchase-money bond and mortgage-on the same. Low went into possession, and, September 8th, 1869, conveyed the premises to one Whitmee, subject to the mortgage…

1Opinion of the Court

The opinion of the court was delivered by

Beasley, Chief Justice.

The primary legal question to be decided in this case is, whether a mortgagee can convey to a stranger the mortgaged premises, at the same time retaining the debt it was given to secure.

*425In Jackson ex dem. Curtis v. Bronson, 19 Johns. 325, it was declared that such an alienation was a nullity, and it is deemed that the doctrine thus broached is the only one that will harmonize with the decisions of the courts of this state.

We have many adjudications on this subject, and they are all manifestly founded on the theory that land…

2Cases cited1 opinion

  1. Jackson ex dem. Curtis v. BronsonNew York Supreme Court · 1822

3Cited by4 opinions

  1. Blue v. EverettSupreme Court of New Jersey · 1898
  2. Blakeman v. BourgeoisNew Jersey Court of Chancery · 1900
  3. Collins v. TweedaleCourt of Appeals for the Third Circuit · 1935
  4. Hamill v. Inventors' Manufacturing Co.New Jersey Court of Chancery · 1897

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