FIRST MORTG. CO. OF PA. v. FEDERAL LEASING


456 A.2d 794 (1982)

FIRST MORTGAGE COMPANY OF PENNSYLVANIA, Intervening Plaintiff Below, Appellant, v. FEDERAL LEASING CORPORATION, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: December 22, 1982.


Attorney(s) appearing for the Case

Donald Booker (argued), Wilmington, for intervening plaintiff below, appellant.

Gary G. Greenstein (argued), of Berkowitz, Greenstein, Schagrin & Coonin, Wilmington, for defendant below, appellee.

Before McNEILLY, HORSEY and MOORE, JJ.


PER CURIAM:

This appeal arises out of a Superior Court denial of the claim of First Mortgage Company of Pennsylvania (FMCP) for mortgage priority over Federal Leasing Corporation (Federal).

I

In 1972, Filippo and Carmela Lionti, husband and wife, paid $135,000 cash for two acres of land in Pennsylvania on Route 202. At the same time, the Liontis owned two houses in Brandywine Hundred, Delaware on which Wilmington Savings Fund Society had first mortgages...

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