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FIRST FEDERAL SAVINGS BANK v. HARTLEY

No. 85A04-0305-CV-233.

799 N.E.2d 36 (2003)

FIRST FEDERAL SAVINGS BANK, Appellant-Plaintiff, v. Donald HARTLEY and Joyce Hartley, Appellees-Defendants.

Court of Appeals of Indiana.

November 24, 2003.

Attorney(s) appearing for the Case

Stephen H. Downs, Tiede, Metz & Downs, Wabash, IN, Attorney for Appellant.

Bruce N. Munson, Muncie, IN, Attorney for Appellees.

OPINION

BROOK, Chief Judge.

Case Summary

Appellant-plaintiff First Federal Savings Bank ("the Bank") appeals a judgment in favor of appellees-defendants Donald and Joyce Hartley. We reverse.

Issue

In this foreclosure action, the trial court subordinated the Bank's mortgage lien to the Hartleys' claim for money they spent improving a parcel of real estate on which the Bank has a mortgage. The Bank challenges this priority determination...

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