Casenotes

This section contains all the casenotes published in our monthly newsletter, Casenotes & Underwriters' Bulletin, plus additional case law the ATG Underwriting Department identifies as noteworthy for ATG member agents.


02/24/2016 - 1:20pm

Summary: Claimant failed to establish adverse possession of the lane because the lane was not under his exclusive control.

 

Corn v. Corn, 24 N.E.3d 987 (Ind.App. 2015).

 

Facts:  The Corn family was successor in interest to land in Wabash County. The land was divided...

02/22/2016 - 4:26pm

Summary: Failure of general contractor to provide correct sworn affidavits upon request of the property owner precluded the general contractor's recovery on its mechanics lien claim.

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Pyramid Development, LLC v. Dukane Precast, Inc., 2014 IL App (2d)...

01/20/2016 - 12:40pm

Summary: Transfer on Death Property Act applies retroactively to promissory note that contained a transfer on death provision.

 

In re Estate of Rupley, 18 N.E.3d 291 (Ind. App. 2014).

 

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Facts: In March 2006, Charles A. Rupley and...

01/18/2016 - 4:55pm

Summary: A lien can attach to one debtor’s interest in real property, though the property is owned by several people as tenants in common.

 

Prince Corp. v. Vandenberg, 868 N.W.2d 599 (Wis. App. 2015).

 

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Facts: James Vandenberg,...

01/18/2016 - 4:39pm

Summary: A lis pendens notice can provide constructive notice for the successor mortgagee of a foreclosure on an enforceable, unrecorded judgment lien.

JPMorgan Chase Bank, N.A. v. Claybridge Homeowners Association, 39 N.E.3d 666 (Ind. 2015).

Facts: In 2004, Claybridge Homeowner’s...

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