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JOHNSON v. MCNEIL

No. Kno-01-776.

800 A.2d 702 (2002)

2002 ME 99

Deborah J. Ames JOHNSON v. William McNEIL Jr. et al

Supreme Judicial Court of Maine.

Decided: June 21, 2002.

Attorney(s) appearing for the Case

Randal E. Watkinson (orally), Strout & Payson, Rockland, for appellant.

Frederick M. Newcomb, III (orally), Newcomb, Reynolds & Wells, PA, Rockland, for appellees.

Panel: SAUFLEY, C.J., and CLIFFORD, RUDMAN, DANA, ALEXANDER, CALKINS, and LEVY JJ.

CLIFFORD, J.

[¶ 1] Deborah J. Ames Johnson appeals from a summary judgment entered in the Superior Court (Knox County, Marden, J.) in favor of William McNeil Jr. and Eric McNeil. The Superior Court concluded that Johnson could not proceed with a mortgage foreclosure action against the McNeils because the statute of limitations barred a suit on the underlying note. Because we agree with Johnson's contention that a real estate mortgagee is not precluded...

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