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MILLER v. VANCE

No. 483S146.

463 N.E.2d 250 (1984)

Charles E. MILLER, Kay F. Miller, Appellants (Plaintiffs below), v. Richard G. VANCE, Vicki J. Vance, Madison County Bank and Trust Company, Anderson Banking Company, Floyd Jackey, Betty A. Vance, James L. Robinson, June L. Robinson, Dewain McCarroll, Cynthia D. McCarroll, Appellees (Defendants below).

Supreme Court of Indiana.

May 18, 1984.

Attorney(s) appearing for the Case

James E. Freeman, Jr., Jonathan R. Builta, Sansberry, Dickmann, Dickmann & Freeman, Anderson, for appellants.

Stephen R. Hardacre, Busby, Austin, Cooper & Farr, Anderson, for Anderson Banking Co.

John E. Eisele, Anderson, for Madison County Bank & Trust Co.

HUNTER, Justice.

In September, 1980, the plaintiffs-appellants, Charles and Kay Miller, took two mortgages on certain real estate owned by Richard and Vicki Vance to secure pre-existing debts owed them by the Vances. The Millers took the mortgages with the knowledge that there were already three underlying mortgages on the Vances' property. The primary mortgage was held by Anderson Banking Company (ABC) and had been recorded...

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