Reports of Cases Determined in the Court of Chancery, and in the Prerogative Court, And, on Appeal, in the Court of Errors and Appeals of the State of New Jersey Volume 5

Reports of Cases Determined in the Court of Chancery, and in the Prerogative Court, And, on Appeal, in the Court of Errors and Appeals of the State of New Jersey Volume 5

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 edition. Excerpt: ...never entered, and there has been no foreclosure, nor payment of interest within twenty years. 2. Semble. Insolvency of the mortgagor is not sufficient to overcome the presumption. 3. Parties are confined to the case made by the pleadings, and evidence to facts not put in issue should not be read or taken. 4. Testimony in disproof of a fact confessed by the pleadings cannot be considered. 5. Would the absence of the mortgagor from the state for a portion of the twenty years, defeat the presumption of payment? It jeems not. Bill for the foreclosure of a mortgage, dated March 16th, 1819, given by John Huffman, since deceased, to David Cavalier, since deceased, to secure the payment of a bond of the same date, conditioned for the payment of $200, in one year from the date thereof, with interest, givea by the said John Huffman to the said David Cavalier. The mortgage was acknowledged March 17th, 1819, and recorded the 27th of the same month. The bill was filed October 1st, 1841. On the 1st of January, 1836, John Huffman died, intestate and insolvent, (the bill states, ) and no administration was ever granted of his estate. He left Mary Shorter, Ann Kline, wife of John Kline, and the other defendants, his children and heirsat-law. David Cavalier died in June, 1825, leaving a will, of which the complainant and Mary Cavalier, widow of David Cavalier, were executors. The will was duly proved by them. In November, 1840, Mary Cavalier died, leaving the complainant surviving executor. The bill states that the whole principal sum, with interest from the date of the bond and mortgage, is due and unpaid; that John Huffman possessed the premises till his death, and that from the time of his death, the said Mary Cavalier and the complainant, as executors as..show more

Product details

  • Paperback | 256 pages
  • 189 x 246 x 14mm | 463g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236600533
  • 9781236600530