Willoughby v. Ray

The opinion of the Court was delivered’by

Mr. Justice Eraser.

This is an action to foreclose a mortgage. The question in the case is the priority of the mortgage held by the plaintiff and the mortgage held by the defendant bank.

The issues were referred to a special referee, who found that the mortgage held by the plaintiff was first, and the bank mortgage second. This finding was sustained by the trial Judge, and the report of the special referee affirmed.

The findings of fact by the referee are so clearly and forcefully stated that there is no room for improvement, and no chance to make matters…