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Marks, Shell & Maness, et al. v. Cynthia T. Mann, et al.
State: Tennessee
Court: Court of Appeals
Docket No: M2006-01142-COA-R3-CV
Case Date: 05/07/2007
Plaintiff: Marks, Shell & Maness, et al.
Defendant: Cynthia T. Mann, et al.
Preview:IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE
April 10, 2007 Session MARKS, SHELL & MANESS, ET AL. v. CYNTHIA T. MANN, ET AL.
Appeal from the Chancery Court for Montgomery County No. MC-CH-CV-98-08-0011 John H. Gasaway, III, Judge

No. M2006-01142-COA-R3-CV - Filed on May 7, 2007

A judgment lienholder appeals from a trial court's determination that a purchase money mortgage lien on real property has priority over a previously recorded judgment lien. Based upon this court's holding in Guffey v. Creutzinger, 948 S.W.2d 219 (Tenn. Ct. App. 1998), we affirm the trial court. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed PATRICIA J. COTTRELL, J., delivered the opinion of the court, in which WILLIAM C. KOCH , JR., P.J., M.S. and FRANK G. CLEMENT , JR., J., joined. Roger A. Maness, Clarksville, Tennessee, for the appellants Marks, Shell & Maness, et al. Stanley A. Kweller, Nashville, Tennessee, for the appellee, Cynthia T. Mann, et al. OPINION The issue in this case is which of two liens takes priority: (1) a previously filed judgment lien or (2) a purchase money mortgage lien on later-acquired real property. The judgment lien arose from a judgment entered by the Chancery Court of Montgomery County in favor of the law firm of Marks, Shell & Maness against Cynthia T. Mann and Gary J. Mann for $553,006.79. That judgment was filed on March 28, 2002, creating a judgment lien pursuant to Tenn. Code Ann.
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