Legal Opinion
Loudermilk v. Citizens Bank of Mooresville
Indiana Court of Appeals
Decided March 19, 1987No. 55A01-8603-CV-57PublishedCited by 2 opinions
1Opinion of the Court
RATLIFF, Chief Judge.
STATEMENT OF THE CASE
John and Geneva Loudermilk appeal the trial court's order foreclosing a mortgage. We reverse.
FACTS
Robert and Nancy Heath owned real estate known as Summer Place. They placed upon the real estate two mortgages. The first mortgage was executed on June 27, 1978. The Heaths subsequently defaulted, resulting in a judgment of foreclosure on March 5, 1984, in favor of Citizens Bank against all defendants holding any interest in the real estate. The parties do not dispute this foreclosure.
The second mortgage was entered into on October 18, 1978, between the…
2Cases cited16 opinions
- United States v. American National Bank of Jacksonville and Title & Trust Company of FloridaCourt of Appeals for the Fifth Circuit · 1958
- Merchants National Bank & Trust Co. of Indianapolis v. H.L.C. Enterprises, Inc.Indiana Court of Appeals · 1982
- First v. ByrneSupreme Court of Iowa · 1947
- Americus Finance Company v. WilsonSupreme Court of Georgia · 1940
- Wright v. Lincoln County BankCourt of Appeals of Tennessee · 1970
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3Cited by2 opinions
- Coolidge East Equities, L.P. v. BabcockAppellate Division of the Supreme Court of the State of New York · 2001
- Loudermilk v. Citizens National Bank of MooresvilleIndiana Court of Appeals · 1989