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AMERICAN HERITAGE BANCO, INC. v. CRANSTON

No. 76A04-0907-CV-384.

928 N.E.2d 239 (2010)

AMERICAN HERITAGE BANCO, INC., Appellant-Plaintiff, v. Arthur W. CRANSTON and Joanne E. Cranston, First Federal Savings and Loan Association of Huntington, and Fifth Third Bank, Appellees-Defendants.

Court of Appeals of Indiana.

June 9, 2010.

Attorney(s) appearing for the Case

Martin T. Fletcher, Sr., Daniel G. McNamara, Eilbacher Fletcher, LLP, Fort Wayne, IN, Attorney for Appellant.

Dane L. Tubergen, Todd P. Gilbert, Hunt Suedhoff Kalamaros, LLP, Fort Wayne, IN, Attorney for Appellees Arthur W. Cranston and Joanne E. Cranston.

OPINION

CRONE, Judge.

Case Summary

American Heritage Banco, Inc. ("AHB"), appeals the trial court's judgment in favor of Arthur W. and Joanne E. Cranston ("the Cranstons") on AHB's mortgage foreclosure claim and claim for damages on a promissory note against the Cranstons. The trial court denied AHB's claims for relief and instead entered judgment in favor of the Cranstons on the Cranstons' affirmative defense and counterclaim for constructive...

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