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LONDON BANK & TRUST v. AMERICAN FIDELITY

697 S.W.2d 956 (1985)

The LONDON BANK & TRUST COMPANY, Appellant, v. AMERICAN FIDELITY BANK & TRUST COMPANY and James W. Grubbs, Appellees.

Court of Appeals of Kentucky.

October 11, 1985.

Attorney(s) appearing for the Case

Thomas L. Jensen, London, for appellant.

William D. Stark, Barbourville, James Grubbs, Artemus, for appellees.

Before CLAYTON, DUNN and McDONALD, JJ.

McDONALD, Judge.

This is an appeal from the Whitley Circuit Court dealing with the question of priority of liens and the doctrine of merger of title. The facts of this case are complicated; however, for review purposes we will endeavor to simplify them.

Originally, James Grubbs borrowed money from the London Bank & Trust Company and gave it a mortgage on certain real property used primarily as a motel. Secondly, Grubbs borrowed money on the same property...

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