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SWAIN v. SWAIN

No. 18A02-9005-CV-00278.

576 N.E.2d 1281 (1991)

Phillip O. SWAIN, Appellant-Defendant, v. Evelyn SWAIN, Appellee-Plaintiff.

Court of Appeals of Indiana, Fifth District.

August 19, 1991.

Attorney(s) appearing for the Case

James J. Jordan, Muncie, for appellant-defendant.

Dale E. Hunt, Dunnuck, Teagle & Hunt, Muncie, for appellee-plaintiff.

SHARPNACK, Judge.

The plaintiff, Evelyn Swain, initiated this action when she filed a two-count complaint in the Delaware Superior Court. In the first count, she sought an order releasing her from a mortgage which she and the defendant Phillip O. Swain had executed in favor of the defendant Merchant's National Bank. In the second count, she alleged that Phillip had fraudulently induced her to execute the mortgage. She settled with the bank and dismissed it from the...

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