Junge v. Hutton

The mortgagee of real estate, Mr. Salisbury, and the assignee of a tax sale certificate, Mrs. Junge, each claims priority of lien. The case turns on the question whether Mrs. Junge has beneficial title to the certificate that stands in her name, or whether she holds it on a secret trust for Hutton, who is the owner of the equity of redemption. If Mrs. Junge is the real owner, the certificate is the first lien. But if Hutton is the equitable owner of the certificate, neither he nor Mrs. Junge can assert its priority as against the mortgagee. Stewart v.Fairchild Baldwin Co., 90 N.J. Eq. 139; 91…