Bennett v. Orchard
This text of 134 A. 519 (Bennett v. Orchard) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The bill is in the usual form, to foreclose a mortgage by a married woman in which her husband did not join. The document is ineffective as a mortgage lien and incapable of foreclosure. Realty Title and Mortgage Co. v. Schaaf, 81 N. J. Eq. 115.
The mortgage was given to secure a pre-existing debt, and does not come within the principle of the cited cases that a lien will be declared and enforced against the separate estate of a married woman for a debt contracted by her on the credit of her estate, and which she intended to charge therewith by the mortgage sought to be foreclosed.
Bill dismissed.
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Cite This Page — Counsel Stack
134 A. 519, 4 N.J. Misc. 807, 1926 N.J. Ch. LEXIS 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-orchard-njsuperctappdiv-1926.