Goldenstein v. Marlboro Construction Co.

Baches, Y. C.

Crouse, a subsequent judgment creditor, attacks the priority of the mortgage under foreslosure on the ground that the execution of the mortgage, given by a corporation, was not properly proved, was therefore improperly recorded, and, hence, was not constructive notice. The mortgage was recorded May 23d, 1927; the judgment was recovered March 19th, 1928. Crouse purchased the premises under execution of his judgment. The certificate of proof of the execution of the mortgage is irregular, but that it is insufficient need not be passed upon for it conclusively appears that the…