Taylor v. Thomas

New Jersey Court of Chancery

Taylor v. Thomas

5 N.J. Eq. 331

CourtNew Jersey Court of Chancery

DecidedMarch 15, 1846

StatusPublished

Cited by1 cases

This text of 5 N.J. Eq. 331 (Taylor v. Thomas) 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

Taylor v. Thomas, 5 N.J. Eq. 331 (N.J. Ct. App. 1846).

Pincite

Opinion

The Chancellor.

This cause was brought to a hearing on the bill, answer, and replication; no -testimony being taken on either side.

The mortgage of the complainant is entitled to priority. It was on the defendant to show that the complainant had notice of the mortgage prior in date, by proof either of actual notice, or of circumstances from which notice could be inferred.

The foreclosure of the prior mortgage cannot affect the rights of this complainant, he not having been made a party in that .suit.

Decree accordingly.

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The Chancellor.

This cause was brought to a hearing on the bill, answer, and replication; no -testimony being taken on either side.

The mortgage of the complainant is entitled to priority. It was on the defendant to show that the complainant had notice of the mortgage prior in date, by proof either of actual notice, or of circumstances from which notice could be inferred.

The foreclosure of the prior mortgage cannot affect the rights of this complainant, he not having been made a party in that .suit.

Decree accordingly.

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Bluebook (online)

5 N.J. Eq. 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-thomas-njch-1846.

Opinion

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