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AMERICAN BANK OF OKLAHOMA v. WAGONER

No. 107,988. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

259 P.3d 841 (2010)

2011 OK CIV APP 76

AMERICAN BANK OF OKLAHOMA, an Oklahoma banking corporation, Plaintiff/Appellee, v. Drue WAGONER, a/k/a Douglas Drue Wagoner, Jr., and Tammy Wagoner, a/k/a Tammy Sue Wagoner, husband and wife, Defendants/Cross-Plaintiffs/Appellants, and Danny Lawrence and Shanna Lawrence, husband and wife; Hillcrest Medical Center, a corporation; Rogers County Treasurer; and Lakeside State Bank, an Oklahoma corporation, Defendants/Cross-Defendants.

Court of Civil Appeals of Oklahoma, Division No. 1.

Rehearing Denied February 18, 2011.

Certiorari Denied April 25, 2011.

Attorney(s) appearing for the Case

Sean Burrage , Mark Antinoro , Lindsey M. Jackson , Taylor, Burrage, Foster, Mallett, Downs & Ramsey, P.C., Claremore, Oklahoma, for Plaintiff/Appellee.

Kris Ted Ledford , Kernan & Ledford, Tulsa, Oklahoma, for Defendants/Appellants.

KENNETH L. BUETTNER, Presiding Judge.

¶ 1 Defendants/Cross-Plaintiffs/Appellants Drue and Tammy Wagoner appeal from the trial court's summary judgment order which found that the Wagoners' mortgage lien was inferior to the mortgage lien held by Plaintiff/Appellee American Bank of Oklahoma (Bank). Defendants/Cross-Defendants Danny and Shanna Lawrence (Borrowers) gave mortgages to Bank and the Wagoners to secure loans for the purchase of the Wagoners' property....

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