Legal Opinion

Mortgage Guarantee Co. v. Atlantic City Jewish Community Center

New Jersey Court of Chancery

Decided October 4, 1935Published

1Opinion of the Court

Sooy, y. c.

This is a motion to strike an answer and counter-claim to a bill to foreclose.

The allegations of the bill disclose averments that complainant is the owner and holder of a bond and mortgage admittedly executed by defendant to complainant.

As a defense to the foreclosure the defendant, in its answer, avers that complainant, after the execution and delivery of the bond and mortgage to it “proceeded to sell and assign to various persons respective undivided shares or interest therein in denominations of $1,000 each, represented by unrecorded certificates or assignments of the respective…

2Cases cited2 opinions

  1. Kelly v. Middlesex Title, C., Trust Co.New Jersey Court of Chancery · 1934
  2. Mayor of Baltimore v. HarperCourt of Appeals of Maryland · 1925

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