FIRST STATE BANK OF SPRINGDALE v. SHAVER

No. 82-303.

659 S.W.2d 504 (1983)

280 Ark. 476

FIRST STATE BANK OF SPRINGDALE, Arkansas, Appellant, v. Charles W. SHAVER and Darlena Shaver, Husband and Wife, Appellees.

Supreme Court of Arkansas.

October 31, 1983.


Attorney(s) appearing for the Case

Herdlinger, Jacoway & Stanley, P.A. by Roy E. Stanley, Springdale, for appellant.

No brief filed for appellees.


ADKISSON, Chief Justice.

Appellant, First State Bank, junior mortgagee in a foreclosure action against appellee, Charles and Darlene Shaver, sought summary judgment in foreclosure of a business loan of $46,902.57 made September 5, 1980. The Washington County Chancery Court found the loan agreement to be usurious under the governing federal law, section 511 of the Monetary Control Act of 1980 (12 U.S.C. § 86a) and ordered, as remedy, all payments made by the Shavers...

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