LUNSFORD v. DEUTSCHE BANK TRUST CO.

No. 30A01-1302-MF-63.

996 N.E.2d 815 (2013)

Walter E. LUNSFORD, Appellant-Defendant, v. DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE, Appellee-Plaintiff.

Court of Appeals of Indiana.

September 20, 2013.


Attorney(s) appearing for the Case

Walter E. Lunsford, Cumberland, IN, Appellant pro se.

David J. Jurkiewicz , Nathan T. Danielson , Bose McKinney & Evans LLP, Indianapolis, IN, Attorneys for Appellee.


OPINION

BAKER, Judge.

In this case, we find the old adage "first in time is first in right,"1 to be as instructive as it has been throughout 200 hundred years of property and debt collection jurisprudence. Appellant-defendant Walter E. Lunsford entered into a land contract with Elizabeth Cottler; however, it was not recorded until almost six years later. In the meantime, Cottler executed a promissory note secured by a mortgage...

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