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GALLAGHER v. CENTRAL INDIANA BANK, N.A.

No. 1-982A270.

448 N.E.2d 304 (1983)

Opal GALLAGHER, Victor Gallagher and Paul Robert Gallagher, Appellant-Defendants, v. CENTRAL INDIANA BANK, N.A., Appellee-Plaintiff.

Court of Appeals of Indiana, First District.

Rehearing Denied May 27, 1983.

Attorney(s) appearing for the Case

James S. Kowalik, Hopper & Opperman, Indianapolis, James M. Robison, Terry, Robison & DePrez, P.C., Shelbyville, for appellants-defendants.

Robert T. Thopy, Matchett & Thopy, Shelbyville, for appellee-plaintiff.

ROBERTSON, Presiding Judge.

Opal and Victor Gallagher (Gallaghers) and their son, Paul Robert Gallagher, appeal the trial court's decision ordering foreclosure on a mortgage which the Gallaghers executed in favor of the Central Indiana Bank, N.A. (Bank) to secure a personal note executed by their son, David Gallagher, and his wife, Mary.

Gallaghers argue the trial court's decision is clearly erroneous: 1) because unrefuted evidence proved that Victor lacked...

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