Harry W. Cox and Betty Elizabeth Ann Cox, His Wife, Plaintiffs-Respondents v. Rka Corporation and Richard Niel…

Summary

The Supreme Court of New Jersey affirmed the lower courts, granting the Coxes a priority lien for both their initial deposit and all subsequent payments against Roebling's recorded mortgage. The Court held that, as a matter of law, an unrecorded vendee's lien does not extend to voluntary payments made after a mortgage is recorded, but applied that rule prospectively, giving the Coxes full priority due to the first‑impression nature of the dispute.