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Geiger v. Metz

Decided: December 14, 1950.

JOSEPH GEIGER, PLAINTIFF,
v.
OTTILIE K. METZ, INDIVIDUALLY, AND AS EXECUTRIX OF THE ESTATE OF PETER W. METZ, AND HERMANN H. METZ, DEFENDANTS



On motion for summary judgment.

Joseph L. Smith, J.s.c.

Smith

[11 NJSuper Page 135] This matter comes before the court on motion for summary judgment in behalf of the plaintiff,

relying upon the affidavit attached to said motion, oral argument and briefs.

It seems to me that a question that eventually must be considered by the court is whether or not the rights of the plaintiff under the chattel mortgage were merged in the judgment recovered by the plaintiff against the defendant.

Corpus Juris Secundum, vol. 14, Chattel Mortgages, page 1071, states:

"The mortgagee does not get legal title to the property under a judgment of foreclosure, but only a lien on the property, and the mortgage becomes merged in the judgment and has no further vitality as long as the judgment stands."

Citing in the footnotes: Spokane Merchants Ass'n. v. Colville First Nat. Bank , 86 Wash. 367, 150 P. 434.

American Jurisprudence, vol. 30, Judgments , ยง 158, page 906:

"Upon the merger of a cause of action in a judgment, the old debt ceases to exist and the new judgment debt takes its place. The judgment becomes the evidence of the debt, or the sole test of the rights of the parties, in the sense that a proceeding in reference thereto should be founded on the judgment. However, the merger of a cause of action in a judgment does not mean an annihilation and discharge of the debt, * * *."

And page 907:

"160. Security for Original Debt. The general rule is that a lien securing a debt which becomes merged in a judgment is not affected by such merger. If a debt is of such a character that a lien is given by common law or statute, the merger of the judgment does not involve a ...


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