Grambo v. South Side Bank & Trust Co.

Opinion by

Parker, J.,

This is a proceeding for a declaratory judgment brought by the owners of a mortgage on real estate to determine rights of priority between that mortgage and another mortgage on the same premises held by defendant. Appellant first raises a question as to the applicability to the situation presented of the remedy under the Uniform Declaratory Judgments Act (Act June 18, 1923, P. L. 840, as amended by Act May 22, 1935, P. L. 228; 12 PS §831, et seq.). The court below thought that the act was appropriate and disposed of the question of priority in favor of plaintiffs.…