Micele v. Falduti

This is a question as to priority of mortgages.

The building and loan mortgage was recorded on October 5th, 1925. Complainant's mortgages were recorded on October 6th, 1925. The first payment of the building and loan association was made under the mortgage on October 3d, of $3,500, and the payment was disbursed on October 3d 4th, 5th and 6th. A second payment of $2,000 was made under the building and loan mortgage November 3d 1925. Actual notice of complainant's notice was not had by the building and loan association until after the second payment. Complainant claimed priority over the…