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McCOOL v. DECATUR COUNTY BANK OF GREENSBURG

No. 1-784A177.

480 N.E.2d 596 (1985)

Richard B. McCool, Sr. and David J. Katz, Appellants (Defendants below), v. DECATUR COUNTY BANK OF GREENSBURG, Indiana, Appellee (Plaintiff below), and Liberty National Bank, Appellee (Defendant below).

Court of Appeals of Indiana, First District.

July 24, 1985.

Attorney(s) appearing for the Case

David A. Rosenthal, Rosenthal, Greives & O'Bryan, Lafayette, for appellants (defendants below).

Don Hubert Wickens, Wickens, Wickens & Wilke, Greensburg, Ronald L. Gaffney, Barnett & Alagia, Louisville, Ky., C. David Johnstone, Barnett & Alagia, New Albany, for appellees.

ROBERTSON, Judge.

Defendants-appellants Richard McCool (McCool) and David Katz (Katz) appeal the judgment of the Ripley Circuit Court ordering the foreclosure of mortgages held by plaintiff-appellee Decatur County Bank (Decatur) and defendant-appellee Liberty National Bank (Liberty).

We affirm.

On June 1, 1976, McCool and Katz borrowed $70,000 from Decatur. Decatur took back a note secured by a mortgage. On June 25, 1979, McCool and Katz executed a...

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