RYAN AND VanDerHEYDEN v. BAGNE

No. C6-88-974.

429 N.W.2d 307 (1988)

RYAN AND VanDerHEYDEN, Respondent, v. J.B. BAGNE, Defendant, and Farmers and Merchants Bank of Preston, Appellant.

Court of Appeals of Minnesota.

Review Granted December 1, 1988.


Attorney(s) appearing for the Case

Gail D. Baker, Ryan and VanDerHeyden, Rochester, for respondent.

Paul W. Bucher, Laurie J. Miller, Dunlap, Keith, Finseth, Berndt & Sandberg, P.A., Rochester, for appellant.

Heard, considered and decided by HUSPENI, P.J., and NORTON and HACHEY, JJ.


OPINION

NORTON, Judge.

This is an appeal from an order enforcing an attorney's lien in favor of respondent Ryan and VanDerHeyden. Appellant Farmers and Merchants Bank of Preston claims that it had a prior security interest in the condemnation proceeds from which the attorney's lien was paid. We reverse.

FACTS

On February 27, 1984, J.B. Bagne gave the Farmers and Merchants Bank of Preston (Bank) a first lien on his leasehold interest of...

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