Franks v. Moore

OPINION

By FUNK, J.

The only issue before the court below and before this court, is whether or not the mortgages take priority in the order in which they were numbered and marked filed, or are of equal priority and should pro rate.

It is contended by plaintiff in error, who has the mortgage having the lowest serial number and which was marked filed at the earliest minute, that the mortgages take priority according to the serial numbers, beginning with -the lowest, and according to the time they were marked filed, beginning with the earliest minute. Those having the mortgages with the higher…