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CHEBOYGAN CTY. CONST. CODE DEP'T v. BURKE

Docket No. 80821.

148 Mich. App. 56 (1985)

384 N.W.2d 77

CHEBOYGAN COUNTY CONSTRUCTION CODE DEPARTMENT v. BURKE

Michigan Court of Appeals.

Decided December 17, 1985.

Attorney(s) appearing for the Case

Jeffery T. Lyon, for First of America Bank-Straits Area.

Before: ALLEN, P.J., and WAHLS and J.P. O'BRIEN, JJ.

PER CURIAM.

Defendant First of America Bank appeals as of right from a September 28, 1984, order finding plaintiff's judgment lien to be superior to the bank's mortgage lien. The issue raised is one of first impression.

This matter arose over a parcel of real estate in Indian River, Michigan, where a former IGA Supermarket was located. Defendants Ellis purchased the property in 1976 and executed a mortgage for the purchase price to the bank's predecessor,...

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