DELTA OIL CO. v. CATALANI

No. 82-43.

633 S.W.2d 1 (1982)

DELTA OIL COMPANY, Appellant, v. John CATALANI et ux., Appellees.

Supreme Court of Arkansas.

Rehearing Denied June 14, 1982.


Attorney(s) appearing for the Case

Billy J. Hubbell, McGehee, for appellant.

Drew & Mazzanti by W. H. Drew, Lake Village, for appellees.


HOLT, Justice.

The appellant filed suit December 28, 1979, against the appellees seeking a judgment on appellees' promissory note in the amount of $18,760.23 and to foreclose a mortgage of even date to secure the note. The appellees raised the defenses of lack of capacity to sue, laches, estoppel, statute of limitations, usury, and failure of consideration. The chancellor found for the appellant on all issues except that the five year statute of limitations barred...

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