SILVER v. WILLIAMS


72 N.J. Super. 564 (1962)

178 A.2d 649

BENJAMIN SILVER, PLAINTIFF, v. THOMAS WILLIAMS, SR., ET AL., DEFENDANTS, AND PHILIP MITCHELL, ASSIGNEE OF G & S DUO HOLDING CO., DEFENDANT-APPELLANT, AND STANDARD DISCOUNT CORP., ASSIGNEE OF ALLEN F. ROULHAC AND ELTON E. HILL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 7, 1962.


Attorney(s) appearing for the Case

Mr. Philip Mitchell argued the cause for appellant, pro se.

Mr. Herman J. Ziegler argued the cause for respondents.

Before Judges CONFORD, GAULKIN and KILKENNY.


The opinion of the court was delivered by CONFORD, S.J.A.D.

The issue here is the narrow one of the respective priorities of certain subsequent encumbrances in surplus moneys realized on a sheriff's sale upon foreclosure of a first mortgage. The sole parties on this appeal are the respondent Standard Discount Corp. ("Standard" hereinafter), assignee of two judgments recovered December 6, 1954 against the then owner of the property, and Philip Mitchell, assignee of...

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