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Hulfish v. O'Brien
20 N.J. Eq. 230
New York Court of Chancery
1869
Check Treatment
The Chancellor.

It has been decided in this court repeatedly, by three of my predecessors, that a defect of title to mortgaged premises conveyed by the mortgagee, is no defence in a suit for the foreclosure of a mortgage for part of the consideration. 'Chancellor Vroom so held, in Harrison v. Marselis, Saxt. 426; Chancellor Pennington, in Van Waggoner v. McEwen, 1 Green's C. R. 412, and Chancellor Williamson, in Glenn’s Admr's v. Whipple, 1 Beasley 50. Such has been the uniform doctrine of this court, and it is in accord with the decisions of other states. Davison v. De Freest, 3 Sandf. C. R. 456; Miller v. Avery, 4 Barb. C. R. 582; Bumpus v. *231Platner, 1 J. C. R. 218; Withers v. Morrell, 3 Edw. 560; Tallmadge v. Wallis, 25 Wend. 107. And it is fully adopted by the Court of Errors, in New York, in Edwards v. Bodine, 26 Wend. 109, on an appeal in a foreclosure case.

The exceptions to the master’s report must be overruled.

Case Details

Case Name: Hulfish v. O'Brien
Court Name: New York Court of Chancery
Date Published: Oct 15, 1869
Citation: 20 N.J. Eq. 230
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