Manufacturers & Traders Trust Co. v. First National Bank in Fort Lauderdale

ALLEN, Chief Judge.

The appellee, as plaintiff in the lower court, filed its complaint for foreclosure of a note and second mortgage given by defendants Joseph H. Schinstock and Ruth Marie Schinstock, his wife, alleging the note and mortgage to be in default. The complaint also alleged that the lien created by this note and mortgage, dated August 20, 1957, and recorded on August 23, 1957, was superior to the lien of other claims and judgments including the appellant’s federal judgment lien dated August 20, 1957, but' which was not recorded in the official records of Broward County until August…