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LIBERTY PARTS WRHSE. v. MARSHALL CTY. BANK

No. 3-583A142.

459 N.E.2d 738 (1984)

LIBERTY PARTS WAREHOUSE, Inc., Appellant-Defendant below, v. MARSHALL COUNTY BANK & TRUST, Appellee-Plaintiff below.

Court of Appeals of Indiana, Third District.

February 15, 1984.

Attorney(s) appearing for the Case

James P. Hayes, Holmes & Hayes, Plymouth, for appellant.

Kenneth M. McDermott, Plymouth, for appellee.

STATON, Presiding Judge.

The Marshall County Bank & Trust Company (Bank) brought a mortgage foreclosure action against William Hoppe and joined Liberty Parts Warehouse, Inc. as a party defendant since it was a judgment creditor of William Hoppe. By joining Liberty, the Bank sought to have the judgment lien against the Hoppe property declared subordinate to the Bank's mortgage. Later, the Bank moved for a summary judgment. The trial court granted summary judgment...

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