BANK OF NEW YORK v. NALLY

No. 29S02-0405-CV-214.

820 N.E.2d 644 (2005)

BANK OF NEW YORK, Trustee, Appellant (Plaintiff below), v. Stephen H. NALLY; Hiram Nally; Eileen Nally; State of Indiana; Marina Limited Partnership, Appellees (Defendants below). Tod D. Owens and Pamela E. Owens, Appellees (Third Party Plaintiffs below), v. Stephen N. Nally, Bank of New York, Trustee, Shae Wiles, Michael Mize, Internal Revenue Service, et al., Appellees (Third Party Defendants below).

Supreme Court of Indiana.

January 4, 2005.


Attorney(s) appearing for the Case

Craig D. Doyle, Joanne B. Friedmeyer, James L. Shoemaker, Indianapolis, IN, Attorneys for Appellant.

Patrick R. Ragains, Anderson, IN, Michael E. Farrer, Christopher D. Cody, Elwood, IN, Attorneys for Appellees.


ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 29A02-0212-CV-1057.

BOEHM, Justice.

We hold that a mortgage recorded before a deed to the mortgagor is recorded but after the deed is dated and delivered is within the mortgagor's chain of title as of the time of recording. We also hold that equitable subrogation is an appropriate remedy and available to a subsequent mortgagee who pays off the senior mortgage in total.

Factual and Procedural...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases