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Chester v. King

Henry Chester v. Joseph R. King and others

Chester v. King, 2 N.J. Eq. 405 (1841)
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Court
New Jersey Court of Chancery · State Appellate Courts
Decided
April 15, 1841
Citations
2 N.J. Eq. 405
Headnotes
A mortgagor who has parted with all his interest in the mortgaged premises, Is a proper, though not a necessary party to a bill for foreclosure.
Summary
The complainant filed his bill for the foreclosure of a mortgage given by Joseph R. King, one of tiie defendants, to the complainant. The bill states, that after the execution of the mortgage, the mortgagor conveyed the mortgaged premises in fee to George Gaskiii, who is also a defendant in the bill. To this bill the defendant demurred, assiguing for cause of demurrer, that it appearing upon the face of the bill that the mortgagor bad parted with all his interest in the mortgaged premises, he is not a proper party to the bill.

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Opinion of the Court

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The Chancellor.

The mortgagor who has parted with the ¡equity of redemption is not a necessary party to a bill for foreclosure ; but if the complainant thinks proper to make him a party, ihe has a right so to do, and the bill is not demurrable for that .cause. He is a proper party, although not an indispensable one.

Demurrer overruled.

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