New Jersey Superior Court Appellate Division, 1926

Bennett v. Orchard

Bennett v. Orchard
New Jersey Superior Court Appellate Division · Decided September 23, 1926 · Backes
4 N.J. Misc. 807; 134 A. 519; 1926 N.J. Ch. LEXIS 72

Bennett v. Orchard

Opinion of the Court

Backes, Y. C.

The bill is in the usual form, to foreclose a mortgage by a married woman in which her husband did not join. The document is ineffective as a mortgage lien and incapable of foreclosure. Realty Title and Mortgage Co. v. Schaaf, 81 N. J. Eq. 115.

The mortgage was given to secure a pre-existing debt, and does not come within the principle of the cited cases that a lien will be declared and enforced against the separate estate of a married woman for a debt contracted by her on the credit of her estate, and which she intended to charge therewith by the mortgage sought to be foreclosed.

Bill dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.