MOORE v. GERRITY COMPANY, INCORPORATED

No. 02-P-1335.

62 Mass. App. Ct. 522 (2004)

J. BRIAN MOORE & another v. GERRITY COMPANY, INCORPORATED.

Appeals Court of Massachusetts, Plymouth.

November 29, 2004.


Attorney(s) appearing for the Case

James F. Creed, Jr., for the plaintiffs.

Stephen A. Greenbaum for the defendant.

Present: PERRETTA, KANTROWITZ, & BERRY, JJ.


PERRETTA, J.

The Moores appeal from a judgment declaring that a mortgage deed granted them by Michael J. Delaney on November 21, 1997, has priority "to the amount of $30,000, and no more," over the mortgage deed to the same property granted by Delaney to Gerrity Company, Incorporated (Gerrity), and recorded on May 19, 1998. Gerrity cross-appeals from so much of the judgment that declares that the Moores' mortgage has priority in the amount of $30,000. All the arguments...

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