Supreme Court of New Jersey, 1871

Smith v. Alton

Smith v. Alton
Supreme Court of New Jersey · Decided June 15, 1871
22 N.J. Eq. 572

Smith v. Alton

Opinion of the Court

Ti-ie Chief Justice.

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.

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