New Jersey Equity Reports Volume 56

New Jersey Equity Reports Volume 56

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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. 1899 edition. Excerpt: ...that share of the $2,000 to be applied to the payment of the judgment, and at the same time urge that the interest on the $2,000, as between all the parties to the suit, under the will of Joseph Plum, deceased, should be first paid in full before any part of the principal moneys, so that in case there should be a deficiency in the proceeds of the sale of the mortgaged premises to pay both principal and interest, the interest would be fully paid. It appeared to me that the eflbrt to charge the judgment upon the interest of Joseph S. Plum in the mortgage money was a matter foreign to the object of the suit, and mixed with claims that the interest, within the intent of the will, was to be first paid, made the cross-bill multifarious, and I therefore struck it out, leaving the cross-bill to set out the will and urge that the claim that the interest was intended to be first paid. I also directed that the others interested in the corpus of the money secured_ to be paid by the mortgage, as cestuis qua trustent of the complainant, should be made parties defendant and brought into court, because, under the allegation-that the complainant was insolvent, and under the claim for priority in payment of the interest, they seemed to be necessary parties. This determination led to the amendment of the bill. In that amendment, among other things, it was alleged that the interest of Joseph S. Plum in the estate of Joseph Plum had been assigned to Oliver I. Blackwell. The defendant Smith then answered the bill as amended, and met the allegation of the assignnent to Blackwell with the parts of the answer now asked to be stricken out. It is apparent, if his interest underithe mortgage merged in his estate in fee in the mortgaged lands at the time the...
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Product details

  • Paperback | 310 pages
  • 189 x 246 x 17mm | 558g
  • United States
  • English
  • black & white illustrations
  • 123678216X
  • 9781236782168