Bank of New York v. Nally

OPINION ON REHEARING

VAIDIK, Judge.

Bank of New York petitions for rehearing on Bank of New York v. Nally, 790 N.E.2d 1071 (Ind.Ct.App.2003). In that opinion, we found that a purchaser of real property is held to constructive notice of those documents recorded in the grantor-grantee index and the mortgagor-mortgagee index. In arriving at this conclusion, we distinguished Hartig v. Stratman, 729 N.E.2d 237 (Ind.Ct.App.2000), reh'g denied.

In Hartig, John Connell sold real property to Sean Holmes. On the same day, Connell also gave an easement over the same property to the Stratmans. Thereafter,…