Brenneman Mechanical & Electrical, Inc. v. First National Bank of Logansport

I respectfully dissent.

Whether the warranty deed from Cass Co. to FNBL was intended as a conveyance of title in satisfaction of debt or merely as a security device is a question of fact. See Moore v. Linville (1976) 1st Dist., 170 Ind. App. 429, 852 N.E.2d 846; Silverstein v. Central Furniture Co. (1959) 181 Ind. App. 170, 162 N.E.2d 690. Although the facts recited by the majority might warrant a conclusion as reached both by the trial court and by my colleagues, a reasonable trier of fact might conclude to the contrary. For this reason, I believe it was improper for the trial court to render…