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YANOFF v. MUNCY

No. 10S05-9712-CV-673.

688 N.E.2d 1259 (1997)

Max YANOFF, Appellant, v. Glenn W. MUNCY, Paula J. Muncy, Citizens Fidelity Bank & Trust Company, Indiana k/n/a PNC Bank, Indiana, Inc., INB Banking Company k/n/a NBD, N.A., State of Indiana, Department of Revenue, Treasurer of Clark County, Indiana, City of Jeffersonville, Indiana and the Trust of William T. Cavanaugh, Appellees.

Supreme Court of Indiana.

December 18, 1997.

Attorney(s) appearing for the Case

Daniel R. Marra, Jeffersonville, for Appellant.

Stephen W. Voelker, Jeffersonville, for Appellee Trust of William T. Cavanaugh.

ON PETITION OF TRANSFER

BOEHM, Justice.

Max Yanoff conveyed real estate to Glenn Muncy and took back a promissory note secured by a recorded purchase money mortgage. Available records leave us in doubt precisely how much was paid on the note, but undisputed evidence establishes a minimum unpaid balance. We hold that the minimum is an enforceable obligation entitled to priority over other creditors of Muncy...

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