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RATLIFF v. BANK OF NEW ORLEANS AND TRUST CO.

No. 79-67.

586 S.W.2d 237 (1979)

M. E. RATLIFF, Appellant, v. BANK OF NEW ORLEANS AND TRUST COMPANY and John Hampden Lewis, Trustee, Appellees.

Supreme Court of Arkansas, Division Two.

Rehearing Denied October 22, 1979.

Attorney(s) appearing for the Case

David Solomon, Helena, for appellant.

Jake Brick, West Memphis, for appellees.

BYRD, Justice.

Appellant sought to set aside a mortgage he had executed on Waverly Plantation to the appellee Bank of New Orleans and Trust Company for $1,200,000.00 on the basis of mutual mistake and fraud. The trial court in holding against appellant's contentions stated:

"At the time of the sale, Allen Thompson knew that there were not 2,300 and some acres in Waverly. I almost feel that M. E. Ratliff knew that there were not 2,300 and some acres in Waverly...

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