Opinion
09-23-1926
BENNETT v. ORCHARD.
Simon M. Seley, of Newark, for complainant. William V. Azzoli, of Newark, for defendant.
(Syllabus by the Court.)
Suit by James P. Bennett against Emma B. Orchard to foreclose a mortgage. Bill dismissed.
Simon M. Seley, of Newark, for complainant.
William V. Azzoli, of Newark, for defendant.
BACKES, Vice Chancellor. 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 & Mortgage Co. v. Schaaf, 81 n. J. Eq. 115. 85 A. 602.
The mortgage was given to secure a preexisting 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.