¶1As the mortgage sought to be foreclosed in this case, was given to secure the purchase money on land sold by the mortgagees, with covenants of seizin and against incumbrances, and it turns out that there was at the time of the conveyance an outstanding mortgage which still remains an incumbrance upon the premises, that mortgage must be first removed before a decree for foreclosure and sale can in equity be ordered; or, so much of the proceeds of the sale as may be necessary for that purpose, must by the decree be directed to be applied to pay off and satisfy that incumbrance, and the amount so applied deducted from the mortgage debt due the complainant
2 N.J. Eq. 407
Van Riper v. Williams
Decided April 15, 1841
New Jersey Court of Chancery · decided 1841-04-15
Bill for foreclosure of a mortgage, given by Robert M. Williams and Elizabeth his wife, to Henry C. Van Riper and John Kelly, junior, dated 6th August, 1835, to secure the payment of five hundred and thirty-seven dollars, with interest.
Good law ✅— No negative treatment on recordhow we know
Decided 1841-04-15
How this case has been cited
Cited by 8 later decisions — most recently May 1931
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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