New Jersey Equity Reports Volume 36

New Jersey Equity Reports Volume 36

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...this advance Boylan paid the judgment, and subsequently repaid to McKenney $5,500, leaving a balance due McKenney of $4,500, which sum, he testifies, is the amount of his unsatisfied claim. He will, therefore, be indemnified by the receipt of that sum, with interest. Whatever of this fund creditors or encumbrancers under superior liens are not entitled to, falls to the mortgagee under his mortgage. The chancellor recognized a right above all other parties to the suit in James B. Boylan, Jr., to ten horses sold by the receiver, and ordered a reference as to their value. From this part of the decree there is no appeal. The appeal of James B. Boylan, Jr., should be dismissed, with costs. The decree of the chancellor should be reversed, and the record remitted, with instruction to decree distribution of the fund as follows: After paying to James B. Boylau such sum as he may be found entitled to receive, then payment to the appellant McKenney, of the sum of $4,500, with interest, together with his costs; and payment of the balance to the respondent, Eugene Kelly. Decree unanimously reversed. The charter of Elizabeth requires that in laying out and opening streets compensation must be made to the owner or owners of lands and real estate taken for the improvernent.--Held, that this does not require compensation r0 be made to mortgagees specifically; that the compensation is to include the value of all the interests burdened by the public easement, and is to be paid I0 the owner of the land if no other claimant intervenes, and if, in any case, such owner ought not in equity to receive the whole, timely resort must be had to the court of chancery, which will see to the equitable distribution of the fund. On appeal from a decree advised by Hugh...
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Product details

  • Paperback | 248 pages
  • 189 x 246 x 13mm | 449g
  • United States
  • English
  • black & white illustrations
  • 123693010X
  • 9781236930101