Forman v. Bulson

New Jersey Court of Chancery

Forman v. Bulson

30 N.J. Eq. 493

DecidedFebruary 15, 1879

StatusPublished

This text of 30 N.J. Eq. 493 (Forman v. Bulson) is published on Counsel Stack Legal Research, covering New Jersey Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Forman v. Bulson, 30 N.J. Eq. 493 (N.J. Ct. App. 1879).

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Opinion

The Chancellor.

This is a suit to redeem. The general rule is, that a mortgagee is entitled to his costs, both on bill to redeem and foreclose. There is nothing in this case to take it out of the rule. The conclusion that the deed was a defeasible and not an absolute one, was reached not without difficulty. There was evidence both in favor of and against it. The preponderance appeared to be in favor of it. This matter of costs was reserved till the final decree, by the interlocutory decree of July 17th, 1875. I am informed by the master who heard the case for me, that it was disposed of on the final hearing favorably to the defendant. It did not appear, when the matter was heard by me, that it had been decided by him. After consideration of the subject, I concur in his opinion.

The complainant should pay costs.

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The Chancellor.

This is a suit to redeem. The general rule is, that a mortgagee is entitled to his costs, both on bill to redeem and foreclose. There is nothing in this case to take it out of the rule. The conclusion that the deed was a defeasible and not an absolute one, was reached not without difficulty. There was evidence both in favor of and against it. The preponderance appeared to be in favor of it. This matter of costs was reserved till the final decree, by the interlocutory decree of July 17th, 1875. I am informed by the master who heard the case for me, that it was disposed of on the final hearing favorably to the defendant. It did not appear, when the matter was heard by me, that it had been decided by him. After consideration of the subject, I concur in his opinion.

The complainant should pay costs.

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Bluebook (online)

30 N.J. Eq. 493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forman-v-bulson-njch-1879.