Legal Opinion
Bank of New York v. Nally
Indiana Court of Appeals
Decided July 3, 2003No. 29A02-0212-CV-1057PublishedCited by 4 opinions
1Opinion of the Court
OPINION
VAIDIK, Judge.
Case Summary
The Bank of New York (“Bank”) appeals the grant of summary judgment in favor of Tod D. and Pamela E. Owens (collectively “Owens”). In particular, the Bank argues that its mortgage should have been given priority over the mortgage given to Owens—even though the mortgage to Owens was recorded before the mortgage to the Bank—because the mortgage to Owens was not recorded in the grantor-grantee index. The Bank also argues that it is entitled to protection under the doctrine of equitable subrogation. Because Indiana Code § 36—2—11—12(b) requires the maintenance of…
2Cases cited9 opinions
- Ackerman v. StateIndiana Court of Appeals · 2002
- Merrill v. Knauf Fiber Glass GmbHIndiana Court of Appeals · 2002
- Keybank National Ass'n v. NBD BankIndiana Court of Appeals · 1998
- Landis v. Miles Homes, Inc.Appellate Court of Illinois · 1971
- Szakaly v. SmithIndiana Supreme Court · 1989
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bank of New York v. NallyIndiana Supreme Court · 2005
- Bank of New York v. NallyIndiana Court of Appeals · 2004
- First Federal Savings Bank v. HartleyIndiana Court of Appeals · 2003
- Bank of New York v. NallyIndiana Court of Appeals · 2004