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5 N.J. Misc. 677

Grothenhen v. Duffield

Supreme Court of New Jersey

Decided June 7, 1927

Supreme Court of New Jersey · decided 1927-06-07

Decided 1927-06-07

¶1Memokandum.

¶2The judgment in this case was entered upon a bond and warrant of attorney. The bond was secured by a mortgage which had been foreclosed and the mortgaged lands sold under such proceedings before the action was taken leading up to the judgment now under attack.

¶3*678Under such circumstances the proceedings are controlled by, 3 Comp. Stat., p. 3423, § 51, and it is apparent that such statute was not followed or complied with.

¶4The rule to show cause must therefore be made absolute and the judgment set aside, with costs.

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