31 N.J. Eq. 395 | New York Court of Chancery | 1879
The Chancellor.
The bill is filed to enforce the lien of an equitable mortgage on a lot of land in Hoboken, conveyed to Gabrello Bunaforza, by John Gormley and wife, February 27th, 1872, and being lot No. 5 in block No. 18 on a map of property belonging to the estate of John G. Coster, deceased, filed in the clerk’s (now register’s) office of Hudson county. The lien is claimed under two instruments of writing, one dated January 1st, 1872, and the other July 19th, 1873, made and given by Gabrello Bunaforza to Baccigalupo, by the former of which Bunaforza acknowledged that he had received from Baccigalupo $750 as a loan, which he thereby promised to repay in one year, with interest half-yearly, and covenanted that, in case of default in the payment of principal or interest when due, he would give to Baccigalupo, his executors, administrators or assigns, a good and sufficient instrument of mortgage on all or any of his property, both real and personal, and especially on the lot and building thereon “ situated in Newark street, block 18, in the city of Hobo-ken, state of New Jersey.” The covenant is followed by the declaration that the money had been kindly lent to Bunaforza by Baccigalupo, to, pay the purchase-money of
The defendants insist that the bill is multifarious; that there is a defect of parties, because the husband of the complainant is not a party to the suit; that the agreement is on its face, void, because it promises to mortgage all the covenantor’s property; that the averment of notice to the Quirolos is insufficient, and that, inasmuch as the bill shows that the complainant married after the death of her husband, she should not be permitted to act as executrix until it appears that she has given security.
There is clearly no ground for the criticism that the bill is multifarious. The complainant seeks to establish the lien of an equitable mortgage against the mortgagor and his grantee, and an encumbrancer who holds a mortgage given by the latter.
As to notice, the bill not only alleges that the defendants all had full knowledge of the agreements on which the com