Prudential Insurance Co. of America v. Wadford

Legge, Justice.

In an action for foreclosure of a mortgage of real estate respondent, as holder of a junior mortgage, and appellant, as a judgment creditor of the mortgagor, were made parties defendant. The proceeds of the foreclosure were insufficient to pay all liens; and the sole issue involved in this appeal is that of priority between the lien of respondent’s mortgage and that of appellant’s judgment.

Respondent’s mortgage was executed on May 21, 1954, as security for the mortgagor’s obligation of the same date. It was recorded on June 21, 1954.

Appellant’s judgment was entered of record on…