Willard v. Denise

The opinion of the court was delivered by

Garrison, J.

This is a contest over surplus money paid into the court of chancery in a foreclosure suit, after the complainant’s mortgage had been satisfied out of the proceeds of the sale of the mortgaged premises. The struggle for priority is between two mortgages made by Mary E. Taylor in 1889, one to Annie E. Denise, the respondent, and the other to the Asbury Park National Bank, the petitioner. Respondent’s mortgage, though earlier in execution and delivery, remained unrecorded at the time the petitioner’s mortgage was placed upon the record. The…