Howell v. Hester
New Jersey Court of Chancery
The complainant in this cause filed his bill, for foreclosure and sale of mortgaged premises, against the mortgagor and others having subsequent incumbrances.
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The complainant in this cause filed his bill, for foreclosure and sale of mortgaged premises, against the mortgagor and others having subsequent incumbrances. At July term, eighteen hundred and forty-two, a decree pro confesso was taken against all the defendants, and an execution issued thereon to the sheriff of the county of Mercer, for the sale of the mortgaged premises, to satisfy the complainant his mortgage debt of five hundred and forty-seven dollars and twenty-eight cents, and his taxed costs, amounting to sixty-eight dollars and sixty cents. The premises were advertised for sale and…
1Opinion of the Court
The Chancellor.
The case is within the principle of the authorities cited. The sale must be set aside, and a re-sale made, upon the payment, by the petitioner, of the expenses of the first sale, and the costs of this motion.
2Cited by3 opinions
- Federal Title, C., Guaranty Co. v. LowensteinNew Jersey Court of Chancery · 1933
- West Ridgelawn Cemetery v. JacobsNew Jersey Court of Chancery · 1931
- Murray v. D'OrsiNew Jersey Court of Chancery · 1925