Savings Investment & Trust Co. v. United Realty & Mortgage Co.

The opinion of the court was delivered by

Swayze, J.

This is a foreclosure suit. No question arises upon this appeal except that of priorities among subsequent mortgages. The mortgage of the respondent, Morris Machine Works, is prior in time to the mortgages of the appellant, Traders Investment Company. The vice-chancellor held that the land covered by the appellant’s mortgages should be first sold to satisfy the complainant’s mortgage, following the ordinary rule of sale in the inverse order of alienation. We assume in favor of the respondent that the rule is applicable in favor of the…