Adirondack Hardware Co. v. Walsh
New York Supreme Court
Action to establish the priority of plaintiff’s lien under its mortgage to defendant’s lien under an execution issued upon its judgment.
1Opinion of the CourtVan Kirk, J.
But one question is left to be decided in this -case, and that- is -as to the priority between a mortgage and a judgment. The mortgage is dated May 26, 1910, acknowledged May 27, 1910, and recorded June 4, 1910, at eleven a.' m. The judgment was by confession; it is acknowledged May 27, 1910, and docketed May 28, 1910, at eight a. m. The confession of judgment was acknowledged and delivered before the mortgage was acknowledged and delivered.
The rule is that an unrecorded deed or mortgage has preference over a judgment, unless there is a superior equity in favor of the judgment. Fowler Real…
2Cases cited3 opinions
- O'Brien v. . FleckensteinNew York Court of Appeals · 1905
- Howells v. . HettrickNew York Court of Appeals · 1899
- Obermeyer & Liebmann v. JungAppellate Division of the Supreme Court of the State of New York · 1900