Opinion · Supreme Court of New Jersey

Stover v. Wood

28 N.J. Eq. 253

Type
Opinion
Court
Supreme Court of New Jersey
Jurisdiction
New Jersey
Date
1877-03-15
Topic
general

Per Curiam. This decree should be affirmed, with costs. But it should be thus modified: Eirst. It should contain a requisition that the complainant shall, under penalty of losing the benefit of the decree, commence proceedings for the foreclosure of the mortgages re-instated, within six months from this date. Second.

Citator

UpLaw has not yet analyzed Stover v. Wood. The absence of a flag is not a finding that it is good law.

Cited by
1 opinion
Per Curiam.

This decree should be affirmed, with costs. But it should be thus modified:

Eirst. It should contain a requisition that the complainant shall, under penalty of losing the benefit of the decree, commence proceedings for the foreclosure of the mortgages re-instated, within six months from this date.

Second. That the bonds of the Brooklyn and Carnarsie Railroad Company, which were received in payment of said re-instated mortgages, shall, at the time of filing said bill of foreclosure, be deposited with the clerk of the court of chancery, there to remain until the determination of such foreclosure suit; and if in such' proceeding the complainant shall be successful, then, in that case, said bonds, by order of the chancellor, shall be surrendered to the said William J. Wood; but if such suit shall fail, then said bonds, under a similar order, will be redelivered to the complainant.

Decree unanimously affirmed. •