Rochester Lumber Co. v. Dygert

The judgment of the defendant Warren was docketed after the mortgage which is sought to be foreclosed, and before the note was indorsed by the plaintiff, for whose benefit the mortgage was given. There is no allegation in the answer that the plaintiff had notice of the hen of the judgment, and, under the circumstances of this case, there would be no priority of the lien of the judgment. Superiority of the lien of the judgment can be predicated only upon the asumption that the indorsement by the plaintiff was optional under the language of the mortgage, and that the plaintiff had actual notice…