Roll v. Smalley

New Jersey Court of Chancery

Roll v. Smalley

6 N.J. Eq. 464

DecidedSeptember 15, 1847

StatusPublished

This text of 6 N.J. Eq. 464 (Roll v. Smalley) 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

Roll v. Smalley, 6 N.J. Eq. 464 (N.J. Ct. App. 1847).

Pincite

Opinion

The Chancellor.

On a bill by a second mortgagee, nothing more than the equity of redemption mortgaged to him can be decreed to be sold, unless the first mortgagee comes in with his mortgage, and thereby consents that a decree shall be made for the sale of the property to pay his mortgage also. No other decree was made on the bill filed by Burt. The sale under that decree, therefore, was a sale subject to the mortgage of Susan Roll.

Decree for complainant.

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The Chancellor.

On a bill by a second mortgagee, nothing more than the equity of redemption mortgaged to him can be decreed to be sold, unless the first mortgagee comes in with his mortgage, and thereby consents that a decree shall be made for the sale of the property to pay his mortgage also. No other decree was made on the bill filed by Burt. The sale under that decree, therefore, was a sale subject to the mortgage of Susan Roll.

Decree for complainant.

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Bluebook (online)

6 N.J. Eq. 464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roll-v-smalley-njch-1847.