Mecray v. Church

Supreme Court of New Jersey

Mecray v. Church

179 A. 305, 13 N.J. Misc. 469, 1935 N.J. Sup. Ct. LEXIS 282

DecidedJune 7, 1935

StatusPublished

This text of 179 A. 305 (Mecray v. Church) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mecray v. Church, 179 A. 305, 13 N.J. Misc. 469, 1935 N.J. Sup. Ct. LEXIS 282 (N.J. 1935).

Pincite

Opinion

Pee Cukiam.

This is a rule to show cause why a judgment entered by confession for a deficiency under a mortgage foreclosure should not be set aside.

The sheriff of Cape May county sold the property in foreclosure on February 6th, 1933. It does not appear when or if the sale was confirmed. On May 27th, 1933, the present judgment was entered on bond and warrant of attorney. Mo notice of intention was filed in the county clerk’s office, as required by section 51 of the Mortgage act. Comp. Stat., p. 3423. This is a fatal defect in the proceeding.

The judgment is set aside, with costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Pee Cukiam.

This is a rule to show cause why a judgment entered by confession for a deficiency under a mortgage foreclosure should not be set aside.

The sheriff of Cape May county sold the property in foreclosure on February 6th, 1933. It does not appear when or if the sale was confirmed. On May 27th, 1933, the present judgment was entered on bond and warrant of attorney. Mo notice of intention was filed in the county clerk’s office, as required by section 51 of the Mortgage act. Comp. Stat., p. 3423. This is a fatal defect in the proceeding.

The judgment is set aside, with costs.

Cite This Page — Counsel Stack

Bluebook (online)

179 A. 305, 13 N.J. Misc. 469, 1935 N.J. Sup. Ct. LEXIS 282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mecray-v-church-nj-1935.