Arkenburgh v. Lakeside Residence Ass'n
New Jersey Court of Chancery
On bill to foreclose. Heard on pleadings and proofs. The bill is in the ordinary form to foreclose a mortgage made by one Dunn to the complainant, Oliver M. Arkenburgh, and the defendant Eliza J. Arkenburgh, as executor and executrix of the last will of Robert H. Arkenburgh, deceased.
Read the full summary
On bill to foreclose. Heard on pleadings and proofs. The bill is in the ordinary form to foreclose a mortgage made by one Dunn to the complainant, Oliver M. Arkenburgh, and the defendant Eliza J. Arkenburgh, as executor and executrix of the last will of Robert H. Arkenburgh, deceased. The mortgage, with the accompanying bond, was given to secure part of the consideration money of a conveyance by the executor and executrix to Dunn, the mortgagor, of land of which the testator died seized, the conveyance being made by virtue of power for that purpose found in his will. The allegation and proof…
1Opinion of the Court
Pitney, V. C.
I do not find it necessary to determine whether, under the circumstances, the payment of the interest by check to the order of the executor and executrix, and handing it in good time to the attorney of one of them, was a good payment or not, for the reason that I think the complainant is entitled to succeed on the other ground taken, viz., the non-payment of the taxes. I think the excuse set up at the hearing for the delay in that payment is quite insufficient, and fails to bring the case within the principle *109of the cases in which our courts have relieved parties from the effect…
2Cases cited1 opinion
- Price v. LongNew Jersey Court of Chancery · 1917
3Cited by5 opinions
- Griffin v. JonesSupreme Court of Oklahoma · 1914
- Gilbert v. Pennington Trap Rock Co.New Jersey Court of Chancery · 1944
- Derechinsky v. EpsteinNew Jersey Court of Chancery · 1925
- Marneil Realty Corp. v. Twin Brook Realty Corp.New Jersey Court of Chancery · 1935
- Glorsky v. WexlerNew Jersey Court of Chancery · 1948