Nat. Bank of N.J. v. Lefkowits

Complainants' bill is by the holder of a bond and mortgage, against subsequent grantees of the mortgaged premises, on the covenant in their deed whereby they assumed the payment of the mortgage debt, for the recovery of a deficiency remaining after foreclosure and sale of the mortgaged premises.

Defendants' motion is to strike out the bill on the ground that complainant failed to file with the common pleas clerk in Middlesex county (where the mortgaged premises are situate), a notice of his proposed action, as required by P.L. 1907 ch. 231 § 1, prior to the commencement of this suit.

Assuming…