MANCHESTER FEDERAL SAVINGS & LOAN ASSOCIATION
v.
EMERY-WATERHOUSE CO. & a.
Supreme Court of New Hampshire.https://leagle.com/images/logo.png
Argued June 2, 1959.
Decided August 18, 1959.
Attorney(s) appearing for the Case
Booth, Wadleigh, Langdell, Starr & Peters and Charles J. Dunn (Mr. Dunn orally), for the plaintiff.
Maurice P. Bois, United States Attorney, and Alexander J. Kalinski, Assistant U. S. Attorney (Mr. Kalinski orally), for the United States of America.
Shaines & Brown (Mr. Brown orally), for Samuel Hurwitz Company and Atlantic Distributing Company.
Griffin, Harrington & Brigham (Mr. Griffin orally), for Katherine Ogg and Christine O. Mahar.
T. Casey Moher for Emery-Waterhouse Company and Manchester Supply Company; Henry M. Fuller for Rockingham Electrical Supply Company and Gerald W. Berousky; Joseph E. Michael, Jr. for Weston Palmer; and Samuel A. Margolis for Daniel P. Creed Company, furnished no briefs.
Supreme Court of New Hampshire.
DUNCAN, J.
Under well-established principles, surplus funds in the hands of a mortgagee, after foreclosure of a power of sale mortgage and satisfaction of the secured indebtedness and expenses, are the property of the mortgagor, subject however to encumbrances and liens existing at the time of foreclosure. Such liens attach to the surplus proceeds in equity, in the same order of priority and with the same effect as they bound...
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