McILROY BANK & TRUST v. ZUBER

No. 81-254.

629 S.W.2d 304 (1982)

McILROY BANK & TRUST, Appellant, v. James ZUBER and Patricia L. Zuber, et al., Appellees.

Supreme Court of Arkansas.

March 22, 1982.


Attorney(s) appearing for the Case

Pettus, Johnson & Gibson by William Russell Gibson, Fayetteville, for appellant.

No brief filed for appellees.


HAYS, Justice.

Appellant filed suit against appellees in the Chancery Court of Washington County on two promissory notes, secured by articles of personal property, seeking foreclosure, sale and deficiency judgment. Appellees moved to dismiss the complaint under Rule 12(h)(3), A.R.Civ.P., on the ground the court lacked jurisdiction. Appellant responded that it could sue in equity to foreclose its security interest. The chancellor found he lacked subject matter jurisdiction...

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