Smith v. Alton

Supreme Court of New Jersey

Smith v. Alton

22 N.J. Eq. 572

DecidedJune 15, 1871

StatusPublished

This text of 22 N.J. Eq. 572 (Smith v. Alton) 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

Smith v. Alton, 22 N.J. Eq. 572 (N.J. 1871).

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Opinion

Ti-ie Chief Justice.

This was an appeal from the order of the Chancellor opening the decree to sell in a foreclosure case, setting aside the sheriff’s sale and letting the mortgagor in to make defence. We think this order was proper and equitable. The decree and sale were a surprise to the defendant, and the property has been greatly sacrificed,

Let the order appealed from be affirmed, with costs.

The whole court concurred.

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Ti-ie Chief Justice.

This was an appeal from the order of the Chancellor opening the decree to sell in a foreclosure case, setting aside the sheriff’s sale and letting the mortgagor in to make defence. We think this order was proper and equitable. The decree and sale were a surprise to the defendant, and the property has been greatly sacrificed,

Let the order appealed from be affirmed, with costs.

The whole court concurred.

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Bluebook (online)

22 N.J. Eq. 572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-alton-nj-1871.