O'Halloran v. Marriage

Taylor, C.

Defendants appeal from an order denying a new trial. The sole question presented is whether the evidence is sufficient to sustain the finding of the trial court that a mortgage executed to plaintiff by defendant Eichard A. Marriage and his wife, defendant Mabel Marriage, for the sum of $2,200 is a purchase money mortgage and therefore superior and paramount to a mortgage executed by the same parties to defendant Interstate Securities Company for the sum of $18,000.

Plaintiff’s husband died intestate in July, 1919, and plaintiff was duly appointed administratrix of his estate. The…