Yanoff v. Muncy

ON PETITION OF TRANSFER

BOEHM, Justice.

Max Yanoff conveyed real estate to Glenn Muncy and took back a promissory note secured by a recorded purchase money mortgage. Available records leave us in doubt precisely how much was paid on the note, but undisputed evidence establishes a minimum unpaid balance. We hold that the minimum is an enforceable obligation entitled to priority over other creditors of Muncy. Specifically, the issues are:

I. Was the trial court clearly erroneous in finding that Yanoff failed to establish the existence of Muncy’s debt to him?

II. Was the trial court clearly…