Milton Sommers, Inc. v. Equitable Bank, National Ass'n

BISHOP, Judge.

In this case we are asked to determine the relative priority rights of two creditors in certain real property owned by Norman Whittington not a party either before the trial court or before this Court.1 Milton Sommers, Inc., the holder of a confessed judgment note executed by a partnership of which Whittington is one of the ten co-partners, appeals from the judgment of the Circuit Court for Somerset County (Simpkins, J.) which granted declaratory relief to mortgagee Equitable Bank, appellee.

FACTS2

In 1978, Equitable made a “commercial loan” to “Norman T. Whittington, Jr. and…