Lakeview Trust & Coupons Financial v
I and additionally note that the bank complains the demo legal joined summation view away from the nonownership of lot before deciding plaintiffs’ interest in the brand new lot. We come across none prejudice neither error from the trial court’s choice so you’re able to loans Evergreen go ahead in this way. This new trial legal merely simplified and you can defined the problems browsing develop within evidentiary hearing.
First, the financial institution contends you to definitely plaintiffs haven’t revealed which they hold title with the parcel. Next, in the an associated dispute, the bank contends one to plaintiffs haven’t showed which they keep identity superior to brand new bank’s. Third, the financial institution takes issue with the new demonstration court’s determination that the railway abandoned suitable-of-means. So you’re able to care for it notice, we need to target about three main circumstances: (1) what attract, or no, plaintiffs hold towards the parcel, (2) exactly what attract, if any, the bank retains, and you can (3) whether any question of material facts exists as to if the railroad abandoned the proper-of-ways.