Legal Opinion

Voorhis v. Westervelt

Supreme Court of New Jersey

Decided November 15, 1887PublishedCited by 7 opinions

On appeal from a decree advised by Vice-Chancellor Van Fleet, whose opinion is reported in Westervelt v. Voorhis, 15 Stew. Eq. 179.

1Opinion of the Court

The opinion of the court was delivered by

Van Syckel, J.

Westervelt holds an unrecorded mortgage given to him by Henry H. Voorhis, who died, leaving Charles H. Voorhis, one of his heirs-at-law, surviving him.

In the lifetime of Henry H. Voorhis, Ida Voorhis recovered a judgment against Charles H. Voorhis.

The question is between this mortgagee and the judgment creditor, as to which is entitled to priority.

The statute (Rev. p. 706 § &8) provides that mortgages shall be void against a subsequent creditor or bona fide purchaser or mortgagee for valuable consideration not having notice thereof,…

2Cases cited5 opinions

  1. Tucker v. HarrisSupreme Court of Georgia · 1853
  2. Earle v. FiskeMassachusetts Supreme Judicial Court · 1870
  3. Rupert v. MarkIllinois Supreme Court · 1854
  4. Ellis v. Doe ex dem. SmithSupreme Court of Georgia · 1851
  5. Provident Institution for Saving v. MeadSupreme Court of New Jersey · 1917

3Cited by7 opinions

  1. Irvington v. OllemarNew Jersey Court of Chancery · 1940
  2. Fidelity Union Title, C., Co. v. Magnifico.New Jersey Court of Chancery · 1930
  3. North Bergen Twp. v. UsherNew Jersey Court of Chancery · 1948
  4. Sorg v. TowerNew Jersey Court of Chancery · 1935
  5. Gawrillow v. RutkowskiNew Jersey Court of Chancery · 1929

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