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BANK OF NEW YORK v. NALLY

No. 29A02-0212-CV-1057.

790 N.E.2d 1071 (2003)

BANK OF NEW YORK, Trustee, Appellant-Plaintiff, v. Stephen H. NALLY; Hiram Nally; Eileen Nally; State of Indiana; Marina Limited Partnership, Appellees-Defendants. Tod D. Owens and Pamela E. Owens, Appellees-Third-Party Plaintiffs, v. Stephen N. Nally, Bank of New York Trustee, Shae Wiles, Michael Mize, Internal Revenue Service, et al., Appellees-Third-Party Defendants.

Court of Appeals of Indiana.

July 3, 2003.

Attorney(s) appearing for the Case

Craig D. Doyle, Joanne B. Friedmeyer, James L. Shoemaker, Doyle & Friedmeyer, P.C., Indianapolis, IN, Attorneys for Appellant Bank of New York, Trustee.

Patrick R. Ragains, Smith & Ragains, Anderson, IN, Attorney for Appellees.

OPINION

VAIDIK, Judge.

Case Summary

The Bank of New York ("Bank") appeals the grant of summary judgment in favor of Tod D. and Pamela E. Owens (collectively "Owens"). In particular, the Bank argues that its mortgage should have been given priority over the mortgage given to Owens—even though the mortgage to Owens was recorded before the mortgage to the Bank—because the mortgage to...

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