Banta v. McClennan
New Jersey Court of Chancery
This cause came before the Chancellor on exceptions to the master’s report. The bill was filed for the foreclosure of a mortgage. A reference was ordered to a master to take an account of the amount due on the several encumbrances, and to settle their priorities.
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This cause came before the Chancellor on exceptions to the master’s report. The bill was filed for the foreclosure of a mortgage. A reference was ordered to a master to take an account of the amount due on the several encumbrances, and to settle their priorities. The master reported, among other matters, that a judgment recovered by Augustus W. Bell, on the 8th of September, 1867-, against McClennan, which was assigned to John S. Smith, one of the defendants, on the 16th of March, 1860, was entitled to priority over a mortgage executed by McCleiinam t© Henry Speer, another of the defendants,…
1Opinion of the Court
The Chancellor.
The only question raised by the exception to the report of the master involves a question of priority between two of the encumbrances upon the mortgaged premises.
*122The mortgage of Speer, the exceptant, was given in March, 1859. On the 8th of September, 1857, Augustas W. Bel! recovered judgment against the mortgagor in the Morris Circuit. A writ of fieri fados was issued upon the judgment, and levied upon the personal property of the defendant, more than sufficient in value to satisfy the judgment. On the 20th of August, 1859, the mortgagor, by bill of sale, conveyed a part of his…
2Cases cited4 opinions
- Green v. BurkeNew York Supreme Court · 1840
- Wood v. TorreyNew York Supreme Court · 1831
- People ex rel. Luther v. Onondaga C. P.New York Supreme Court · 1837
- Allen v. MooreNew Jersey Court of Chancery · 1916
3Cited by1 opinion
- Schneider v. SchmidtNew Jersey Court of Chancery · 1927