Thrift Funds Canal, Inc. v. Foy

(dissenting) :

I dissent from the majority opinion insofar as it found that Note No. 3 primes No. 2. I do not believe that this is a case for all seasons; I find that it is a matter peculiar to its own facts and circumstances and should be decided among the parties according to their immediate actions and intentions.

*588The' issue raised herein concerns the ranking of Notes 2 and 3 of the following described three notes:

1. A $10,000.00 note executed by Leroy Michael Foy and Mrs. Leroy Michael Foy on February 14, 1963, and secured by a first mortgage dated February 14, .1963, upon an improved lot…