BRENNEMAN MECHANICAL v. FIRST NAT. BANK

No. 2-885A251.

495 N.E.2d 233 (1986)

BRENNEMAN MECHANICAL & Electrical, Inc., Korschot's Heating & Air Conditioning, Inc., Closson Lumber Co., Hoosier Glass Co., Inc., and General Builders of Lafayette, Inc., Defendants-Appellants, v. THE FIRST NATIONAL BANK OF LOGANSPORT, Cass Investment Co., a Limited Partnership, Cass Investment, Inc., a Corporation, John E. Smith, Donald R. Smith, Independence Engineering, Inc., Jack Gillis Tile Co., Crews Roofing, Carter Concrete Block, Inc., Amco Elevators, Inc., Treasurer of Cass County, Indiana, and State of Indiana, (All Defendants below, Except Plaintiff the First National Bank of Logansport) — Appellee.

Court of Appeals of Indiana, Second District.

Rehearing Denied October 21, 1986.


Attorney(s) appearing for the Case

Thomas L. Williams, William C. Burns, Schultz, Ewan, Burns & Heid, Lafayette, for defendants-appellants.

Donald J. Tribbett, Mary Ann Welsh, Logansport, for appellee.


RATLIFF, Judge, writing by designation.

STATEMENT OF THE CASE

Brenneman Mechanical and Electrical, Incorporated, et al. appeal the trial court's decision granting the First National Bank of Logansport priority over various mechanics' liens by relation-back of two mortgages to prior mortgages after default by investors on loans acquired to finance a renovation project. We affirm.

FACTS

Donald R. Smith (Donald), an accountant, with...

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