Elias G. Brown, Appellant v. Henry L. Volkening, Impleaded

Summary

The Court reversed the lower court's judgment, holding that the respondent's possession did not constitute actual, open, visible occupation sufficient to give notice to the plaintiff, and therefore the plaintiff's mortgage was not a valid lien against the respondent. The Court also affirmed that a party asserting a prior equitable right under the mortgagor is a proper party in a foreclosure action and that priority between that right and the mortgage must be determined in the action.