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The Law of Real Property Mortgages in New Jersey (Classic Reprint)
No preview available - 2018
acquired affirmed agreement alleged amount due applied assignment benefit bona fide bona fide purchaser bond and mortgage cancellation cestui que trust Chan cited claim complainant consideration constructive notice contract conveyance conveyed corporation court of equity covenant debtor decree deed defendant discharge enforce entitled equity of redemption estopped estoppel executed executor existence fact filed foreclosure sale foreclosure suit fraud fraudulent gage gagor grantee grantor held holder husband incumbrance intention interest judgment creditor land liability lien loan ment mistake mort mortgage debt mortgage given mortgaged premises mortgagor N. J. Eq notice owner paid party payment plainant possession prior mortgage priority proceedings purchase-money purchaser question received record redeem release rents rule second mortgagee sheriff sheriff's deed sheriff's sale sold statute subrogation Syllabus taxes testator thereof tion transaction usury valid vendee wife
Page 36 - Whenever a deed or other instrument exists, which may be vexatiously or injuriously used against a party after the evidence to impeach or invalidate it is lost, or which may throw a cloud or suspicion over his title or interest, and he cannot immediately protect or maintain his right by any course of proceedings at...
Page 269 - Together with the hereditaments and appurtenances thereto belonging ; and all the right, title and interest of the said party of the first part, of, in and to the same, to the intent that the lands hereby conveyed may be discharged from the said mortgage, and that the rest of the lands in the said mortgage specified may remain to the said party of the first part as heretofore.
Page 225 - The knowledge of the agent is chargeable upon his principal whenever the principal, if acting for himself, would have received notice of the matters known to the agent.
Page 412 - AD 1897, with interest from date, payable on the first days of May and November in each year...
Page 199 - ... or in some way affected, and the Court has thereupon bound him with constructive notice of facts and instruments, to a knowledge of which he would have been led by an inquiry after the charge, incurnbrancc, or other circumstance affecting the property of which he had actual notice...
Page 190 - ... where an instrument is drawn and executed, which professes, or is intended to carry into execution an agreement previously entered into, but which, by mistake of the draftsman, either as to fact or to law, does not fulfil that intention, or violates it, Equity will correct the mistake, so as to produce a conformity to the instrument.
Page 57 - ... a deed absolute on its face may be shown by parol to have been intended as a security.
Page 180 - A court of equity will keep an incumbrance alive or consider it extinguished, as will best serve the purposes of justice and the actual and just intention of the parties.
Page 142 - In case of any other insurance upon the within described property this company shall not be liable under this policy for a greater proportion of any loss or damage sustained than the sum hereby insured bears to the whole amount of insurance on said property issued to or held by any party or parties having an insurable interest therein, whether as owner, mortgagee or otherwise.
Page 65 - If both parties be present, and the usual formalities of execution take place, and the contract is to all appearance * 456 consummated without any conditions or qualifications * annexed, it is a complete and valid deed, notwithstanding it be left in the custody of the grantor.