Rich v. McCarthy

Upon an agreed statement of facts the question is submitted as to whether the lien of a judgment is prior to the lien of the mortgage, the foreclosure of which is the subject of the action. The judgment creditor as a defendant in the foreclosure action denies in his answer that the lien of the mortgage is superior to that of the judgment. The mortgage is dated September 7, 1948, and recorded September 15, 1948, principal payable December 1, 1948. An extension agreement was made dated April 26,1949, and recorded February 10, 1950, by which the terms of payment of the principal sum were…