Mississippi Valley Title Ins. Co. v. Hardy

ON APPLICATION FOR REHEARING

The original opinion in this case is withdrawn and the following opinion substituted therefor:

This dispute between Mississippi Valley Title Insurance Company (hereinafter "Mississippi Valley") and Larry G. and Judy A. Hardy arose out of a transaction in which the Hardys executed a note and a defective mortgage on their single-family residence. Mississippi Valley is suing the Hardys for an equitable lien in the amount of $47,000.00, plus the amount of interest due on the note, and for a judgment for the amount due on the promissory note. The trial court granted a…