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HUMBLE OIL & REFINING CO. v. DOERR

123 N.J. Super. 530 (1973)

303 A.2d 898

HUMBLE OIL & REFINING COMPANY, A DELAWARE CORPORATION, PLAINTIFF, v. JOSEPHINE VENICE ROKITA DOERR, (ALSO KNOWN AS JOSEPHINE VENICE AND AS JOSEPHINE VENICE ROKITA) AND GEORGE H. DOERR, HER HUSBAND, AND THE NATIONAL STATE BANK OF ELIZABETH, N.J., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided April 11, 1973.

Attorney(s) appearing for the Case

Mr. Arnold M. Smith for plaintiff.

Mr. Aldan O. Markson for defendant Josephine Venice Rokita Doerr (Messrs. Pollack and Markson, attorneys).

Mr. John M. Mackenzie for defendant The National State Bank, Elizabeth, N.J. (Messrs. Mackenzie, Welt & Dreier, attorneys).

ACKERMAN, J.S.C.

The ancient doctrine that a mortgagor's equity of redemption may not be "clogged" has rarely been involved in litigation in this state. This case involves a novel application of the doctrine and, so far as research by counsel and the court has disclosed, there are no precedents directly in point. The specific point involved is whether the doctrine, which bars a mortgagee from clogging the mortgagor's equity of redemption and prohibits him from taking...

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