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DEUTSCHE BANK NAT. TRUST CO. v. AUSTIN

No. CA 11-10.

385 S.W.3d 381 (2011)

2011 Ark. App. 531

DEUTSCHE BANK NATIONAL TRUST COMPANY, Appellant v. Mike AUSTIN, Appellee.

Court of Appeals of Arkansas.

September 14, 2011.

Attorney(s) appearing for the Case

Kathryn A. Stocks , Fort Smith, for appellant.

Philip Anthony Bagby , Van Buren, for appellee.

DAVID M. GLOVER, Judge.

This declaratory-judgment case involves the priorities of a mortgagee's recorded interest and the unjust-enrichment claim of an individual who purchased the property from the mortgagors. Appellant Deutsche Bank National Trust Company, which holds a deed of trust on the property, challenges the circuit court's order declaring that appellee Mike Austin (the purchaser of residential property from David and Sue Swaithes, who were in debt to appellant...

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