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PRELL v. TRUSTEES OF BAIRD & WARNER MORTG.

No. 1-778A196.

386 N.E.2d 1221 (1979)

Frank PRELL, Second Intervenor-Appellant, v. THE TRUSTEES OF BAIRD AND WARNER MORTGAGE AND REALTY INVESTORS, an Illinois Business Trust, Robert E. Harris and Catherine L. Harris, Individually and As Husband and Wife, First National Bank of Louisville, United States of America, Waterfield Mortgage Company, Incorporated, Bank of Louisville-Royal Bank and Trust Company, Citizen's Fidelity Bank and Trust Company, Kentucky Concrete Pipe Company, Devoe Paint Division of Celanese Coatings and Specialties Company and Martin Marietta Aggregates, Central Division, Martin Marietta Corporation, Chicago Title Insurance Company, Forrest Lanning, Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied April 23, 1979.

Attorney(s) appearing for the Case

David D. Nachand, Jeffersonville, Manley N. Feinberg, Louisville, Ky., for appellant.

Theodore J. Nowacki and David R. Day, Bose & Evans, Indianapolis, Charles W. Hoodenpyl, Jr., Jeffersonville, for appellees.

ROBERTSON, Judge.

This appeal is brought by Frank Prell, as assignee of George Stapleton's interest, from a summary judgment granted by the trial court in favor of the appellees, The Trustees of Baird and Warner Mortgage and Realty Investors (Baird and Warner) and Chicago Title Insurance Co. (Chicago Title), on Prell's complaint asking for a superior vendor's lien over Baird and Warner's recorded mortgage.

We reverse and remand for further proceedings.

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