Hoag v. Sayre
Supreme Court of New Jersey
On appeal from a decree advised by the vice-chancellor, and reported in Sayre v. Hewes, 5 Stew. Eq. 652. On the 3d of December, 1877, the appellant, Hoag, obtained a chattel mortgage on the goods in question.
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On appeal from a decree advised by the vice-chancellor, and reported in Sayre v. Hewes, 5 Stew. Eq. 652. On the 3d of December, 1877, the appellant, Hoag, obtained a chattel mortgage on the goods in question. This mortgage was not recorded in the proper county; it was to secure $2,150. On the 14th of February, 1878, Frederick Fisher, having knowledge of the prior mortgage, took a second mortgage on the same property to secure $1,160. Edward Sayre holds a judgment by confession against the mortgagor for $6,000 debt and $4 costs, which was entered on the 27th of February, 1878. Execution on…
1Opinion of the Court
*560The opinion c i“ the court was delivered by
Beasley, C. J.
I agree with the vice-chancellor in his settlement of the disputed facts in .'.his case, but it seems to me that an error has crept into the, decree with respect to the marshaling of the encumbrances. 1 These liens are of this character: the mortgage first in date is held by the appellant, Hoag; then comes a mortgage held by Frederick Fisher, one of the defendants, and lastly is the judgment of the defendant Sayre. This first mortgage was not recorded in the proper county, and therefore is subordinate to the judgment, but it is…
2Cited by12 opinions
- Cambridge Ac. Corp. v. AMERICAN NATL. MOT. INNSNew Jersey Superior Court Appellate Division · 1967
- Meister v. J. Meister, Inc.New Jersey Court of Chancery · 1928
- Riverside Apartment Corp. v. Capitol Const. Co.New Jersey Court of Chancery · 1930
- Fidelity Union Title, C., Co. v. Magnifico.New Jersey Court of Chancery · 1930
- Barry, Inc. v. Baf, LimitedNew Jersey Superior Court Appellate Division · 1949
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