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PETZ v. ESTATE OF PETZ

No. 3-783A211.

467 N.E.2d 780 (1984)

George E. PETZ, Appellant (Plaintiff below), v. ESTATE OF David E. PETZ, Carl L. Hepler, Sr., Rebecca L. Hepler, Harry J. Koontz, Joyce A. Koontz and Peoples State Bank, Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

August 28, 1984.

Attorney(s) appearing for the Case

Robert J. Palmer, John H. Peddycord, May, Oberfell, Helling, Lorber & Campiti, South Bend, for appellant.

Michael E. Armey, Rasor, Harris, Lemon & Reed, Warsaw, for appellee Estate of David E. Petz.

Stephen R. Snyder, Thomas J. Goeglein, Dunten, Beckman, Lawson & Snyder, Syracuse, for appellees Carl L. Hepler, Sr. and Rebecca L. Hepler.

Vern K. Landis, Rockhill, Kennedy, Pinnick, Bent & Pequignot, Warsaw, for appellee Peoples State Bank.

STATON, Presiding Judge.

George Petz sued: the estate of his son, David; Carl and Rebecca Hepler; Harry and Joyce Koontz; and, Peoples State Bank. His suit sought to accelerate a debt owed by David and to foreclose on the mortgage which secured that debt. George also sought to have his interest in the mortgaged property declared superior to that of Hepler, Koontz, and Bank. The trial court entered summary judgment in favor of all defendants. George raises one issue...

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