Atlantic Bank & Trust Co. v. Sengstak

The controlling1 litigated question in this ease was whether or not the mortgage held by the appellant was prior in dignity to the mortgage sought to be foreclosed by Sengstak. The determination of this question depended upon the consideration of testimony taken before a special master and reported to the court. This Court has repeatedly held that,

“While the findings and conclusions of a chancellor, where the testimony is not taken before him but before an examiner or master and the chancellor is not afforded the opportunity of seeing and hearing the witnesses, are not entitled to the same…