Warwick Savings Bank v. Long Island Chapter Knights of Columbus Social Service, Inc.

After sale, in an action to foreclose a mortgage, the real property was conveyed by referee’s deed dated and delivered September 12, 1935. The referee’s report of sale, which showed a surplus, was confirmed by order dated January 21, 1936. This appeal is concerned with three judgments against the owner of the mortgaged property, which judgments were docketed after the referee had delivered the deed but before the sale was confirmed. The question is whether these judgment creditors are entitled to share in the surplus moneys in accordance with the priority of the docketing of their judgments…