Third Ave. B. L. Assn. v. Prothero

The legal question raised by this motion is whether or not the lien given by the statute creating the Unemployment Compensation Commission (chapter 270, P.L. 1936) has priority over a mortgage executed before the statute was enacted. The question arises from the following circumstances:

The bill is to foreclose a mortgage given by the defendant John Prothero to complainant on October 13th, 1936, covering real property in Monmouth county, and the State of New Jersey is joined as defendant. The bill alleges that the state obtained a judgment against Prothero on March 21st, 1938, in the sum of…