FRANKLIN BANK AND TRUST CO. v. MITHOEFER

No. 73A01-8911-CV-449.

552 N.E.2d 39 (1990)

FRANKLIN BANK AND TRUST COMPANY, N/K/a Ameritrust Bank, Johnson County, Appellant (Defendant), v. Alfred MITHOEFER, Agent, Appellee (Plaintiff).

Court of Appeals of Indiana, First District.

Rehearing Denied May 17, 1990.


Attorney(s) appearing for the Case

Stephen L. Huddleston, Lori A. Torres, Franklin, for appellant.

Thomas D. Titsworth, John M. Rogers, Bamberger & Feibleman, Indianapolis, for appellee.


RATLIFF, Chief Judge.

STATEMENT OF THE CASE

Franklin Bank and Trust Co. (Bank) appeals the decision of the trial court holding that Alfred Mithoefer's (Mithoefer) landlord's lien placed on certain crops grown by a now bankrupt tenant farmer was valid and had priority over the Bank's unperfected security interest in the same crops. We affirm in part, reverse in part, and remand for proceedings consistent with our instructions.

FACTS

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