Smith v. Alton
Supreme Court of New Jersey
Smith v. Alton, 22 N.J. Eq. 572 (N.J. 1871)
Smith v. Alton
Opinion of the Court
This was an appeal from the order of the Chancellor opening the decree to sell in a foreclosure case, setting aside the sheriff’s sale and letting the mortgagor in to make defence. We think this order was proper and equitable. The decree and sale were a surprise to the defendant, and the property has been greatly sacrificed,
Let the order appealed from be affirmed, with costs.
The whole court concurred.
Reference
- Full Case Name
- Smith, and Alton and others
- Status
- Published