Bennett v. Fish

Claimant, Delmar Lumber & Builders Supply, Inc., moves for an order confirming the referee’s report in a surplus money proceeding resulting from the sale of real property owned by the defendants Fish as tenants by the entirety pursuant to a judgment of foreclosure of a first mortgage thereon.

The referee’s report indicates that there are 20 creditors having liens which were junior to the foreclosed mortgage. The motion is opposed only by F. Harris Patterson, a judgment creditor who holds a sheriff’s deed conveying the premises to him under a sale by execution. To the extent that we need…