Westervelt v. Voorhis
New Jersey Court of Chancery
1. By the common law, the priority of liens, whether by mortgage or judgment, is governed exclusively by the date of their acquisition, the first in order of time standing first in order of rank. 2. An unregistered mortgage executed by an ancestor, though prior in date to a judgment recovered against his heir in the ancestor’s lifetime, does not, on the ancestor’s death, become void under the twenty-second section of the statute concerning mortgages. 3. A mortgage and…
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1. By the common law, the priority of liens, whether by mortgage or judgment, is governed exclusively by the date of their acquisition, the first in order of time standing first in order of rank. 2. An unregistered mortgage executed by an ancestor, though prior in date to a judgment recovered against his heir in the ancestor’s lifetime, does not, on the ancestor’s death, become void under the twenty-second section of the statute concerning mortgages. 3. A mortgage and judgment, in order to stand in the relation of being prior and subsequent to each other, must embrace or cover the same land.…
1Opinion of the Court
Van Fleet, V. C.
The question to be decided in this case is whether the mortgage on which the complainant’s action is founded is void or not, as against the defendant. The complainant seeks to foreclose k mortgage made to him by Henry H. Voorhis, on the 3d of June, 1883, to secure $1,000. The mortgage was not recorded at the time of its execution, nor for more than two years afterwards. The mortgagor died intestate, January 30th, 1885. On his death, the mortgaged premises descended to his four children, of whom Charles H. Voorhis was one.
The defendant, Ida E. Voorhis, on the 26th of December,…
2Cited by7 opinions
- Rutherford Nat. Bank v. H.R. Bogle Co.New Jersey Court of Chancery · 1933
- Irvington v. OllemarNew Jersey Court of Chancery · 1940
- Joselson v. JoselsonNew Jersey Court of Chancery · 1934
- Paletz v. Camden Safe Deposit, C., Co.New Jersey Court of Chancery · 1931
- Fidelity Union Title, C., Co. v. Magnifico.New Jersey Court of Chancery · 1930
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