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ROYAL BANK OF CANADA v. CLARKE

Civ. No. 595/1973.

373 F.Supp. 599 (1974)

ROYAL BANK OF CANADA, Plaintiff, v. Roy N. CLARKE et al., Defendants.

United States District Court, D. Virgin Islands, St. Croix Division.

April 1, 1974.

Attorney(s) appearing for the Case

Bryant, Costello & Burke, Christiansted, St. Croix, V. I., for plaintiff.

Kenneth Lindquist, Christiansted, St. Croix, V. I., for defendant.

MEMORANDUM OPINION AND ORDER

WARREN H. YOUNG, District Judge.

In this motion for summary judgment by plaintiff Royal Bank of Canada on its action for debt and foreclosure, an issue of law is raised as to the relative priority of a mortgage lien held by the Royal Bank and one held by co-defendant Frank Wiesner. The chronology of events, which is undisputed, is as follows. On April 29, 1971, co-defendant Roy N. Clarke purchased by contract from Wiesner the...

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