Emmons v. Hinderer
New Jersey Court of Chancery
In this case an injunction was granted by the late Chancellor, restraining the defendant from committing waste upon certain mortgaged premises in the county of Essex, and from removing from those premises certain timber and other trees felled by him thereon. A motion is now made on affidavit to dissolve the injunction.
1Opinion of the Court
The Chancellor.
The defendant purchased the premises of the complainants, in April, 1872, for $13,500, of which $3500 were paid in cash, and for the remainder a mortgage was given on the premises, payable in equal annual instalments, beginning April 1st, 1874, with interest. Tho interest being in arrear, *40a suit for foreclosure and sale was commenced, and is pending in this court.
The evidence convinces me that the defendant has not only committed both legal and equitable waste upon the mortgaged premises, to the amount of between $3000 and $4000, but that, when the injunction was issued, he…
2Cases cited1 opinion
- Ensign v. ColburnNew York Court of Chancery · 1845
3Cited by1 opinion
- Camden Trust Co. v. HandleNew Jersey Superior Court Appellate Division · 1941