28 N.J. Eq. 40 | New York Court of Chancery | 1877
The executor of the last will and testament of Mary Combs, deceased, filed a bill to foreclose a mortgage, for $700 with interest, given by the testatrix and her husband, on premises belonging to the latter, in Mercer county, to John H. Coleman, on the 16th of September, 1857, and assigned by him to the testatrix on the same day. The husband of the latter died intestate, in the latter part of the year 1861. She survived him, and died in December, 1874. She, with two of his children, is said to have occupied the mortgaged premises after her husband’s death. The defendants are his heirs-at-law, and the husband of a deceased daughter, and the husband of one of his surviving daughters. Rone of the defendants answered. A decree pro eonfesso was accordingly entered, with a reference to a master, to take and state an account of the amount due to the complainant, for principal and interest, upon his mortgage. The master credited on the mortgage one-third of the interest, in consideration of the before mentioned occupation of the