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MANUFACTURERS AND TRADERS TRUST CO. v. FIRST NAT. BANK

No. 1075.

113 So.2d 869 (1959)

MANUFACTURERS AND TRADERS TRUST COMPANY, a New York corporation, Appellant, v. FIRST NATIONAL BANK IN FORT LAUDERDALE, a National Banking Association, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied August 17, 1959.

Attorney(s) appearing for the Case

Eugene L. Heinrich, McCune, Hiaasen, Kelley & Crum, Ft. Lauderdale, for appellant.

D.A. Krause, Jr., English, McCaughan & O'Bryan, Ft. Lauderdale, for appellee.

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...

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