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GALANTINO v. BAFFONE

No. 417, 2011.

46 A.3d 1076 (2012)

Angelo GALANTINO, and Mary Galantino, Defendants Below, Appellants, v. Alessio M. BAFFONE, Jr., and Nancy M. Baffone, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: April 16, 2012.

Attorney(s) appearing for the Case

David E. Matlusky and Brett Bendistis (argued), Esquires , of The Matlusky Firm, LLC, Wilmington, Delaware; for Appellants.

James F. Harker (argued) and Scott T. Earle, Esquires , of Cohen, Seglias, Pallas, Greenhall & Furman, P.C., Wilmington, Delaware; for Appellees.

Before HOLLAND, BERGER and JACOBS, Justices.

JACOBS, Justice:

25 Del. C. § 2108 grants priority to a "purchase money mortgage" that satisfies the conditions prescribed by that statute.1 The issue presented on this appeal is whether the parol evidence rule requires that a person who claims to hold a "purchase money mortgage" must prove his purchase money mortgage holder status solely by reference to the mortgage instrument itself...

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