Van Dusseldorp v. State Bank of Bussey

CARTER, Justice.

Defendant bank, who was joined as an alleged junior lienor in a mortgage foreclosure action brought by plaintiff, Gilbert Van Dusseldorp, appeals from the district court’s determination that a mortgage instrument executed in its favor by defendants, Wesley G. Vos and Sandra K. Vos, does not secure any present indebtedness owed to the bank by the Voses. Because we find and conclude that the mortgage executed in favor of the bank does secure a certain indebtedness owed to it and is prior to the plaintiff’s mortgage with respect to that sum, we reverse the district court’s order…