Legal Opinion · Concurring in part, dissenting in part

Cook v. City of Indianapolis Ex Rel. Department of Public Safety

Indiana Court of Appeals

Decided September 18, 1990No. 49A02-8909-CV488Published

1Concurring in part, dissenting in partSullivan, Judge

I agree with the majority's resolution of Issue I.

However, I respectfully dissent from that portion of the majority opinion which holds that Cosby obtained title to the real estate in question free and clear from Blak-ley's judgment lien.

Blakley's judgment against Clyde was recorded on June 10, 1987. Record at 822. At that time there was a balance due on the contract between Cosby and Clyde in the amount of $5,896.67. I read Rural Acceptance Corporation v. Pierce (1973) 1st Dist., 157 Ind.App. 90, 298 N.E.2d 499, to hold that liens against real estate are valid against a contract purchaser to…

2Cases cited1 opinion

  1. Rural Acceptance Corporation v. PierceIndiana Court of Appeals · 1973

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