Southwestern National Bank v. Riegner

Martin, P. J.,

The parties agreed upon the facts, and filed a case stated setting forth that each held a mortgage upon a property that had been sold in execution under an earlier judgment for a price which left a balance for distribution in the hands of the sheriff after payment of the judgment; but the amount was not sufficient to pay either mortgage in full.

The question submitted for determination by this court is, which mortgage has priority?

Plaintiff’s mortgage was dated Dec. 3, 1924, and was recorded ten days later, on Dec. 13, 1924.

Defendant’s mortgage was dated Nov. 29,1922, and was…