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BANK OF NEW YORK v. NALLY

No. 29A02-0212-CV-1057.

801 N.E.2d 688 (2004)

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.

January 15, 2004.

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 ON REHEARING

VAIDIK, Judge.

Bank of New York petitions for rehearing on Bank of New York v. Nally, 790 N.E.2d 1071 (Ind.Ct.App.2003). In that opinion, we found that a purchaser of real property is held to constructive notice of those documents recorded in the grantor-grantee index and the mortgagor-mortgagee index. In arriving at this conclusion, we distinguished Hartig v. Stratman,

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