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YOUNG v. STAUDE

No. 83-81.

657 S.W.2d 542 (1983)

280 Ark. 298

Dennis L. YOUNG and Virginia M. Young, Appellants, v. Gerhard W. STAUDE and Elsie M. Staude, Appellees.

Supreme Court of Arkansas.

September 26, 1983.

Attorney(s) appearing for the Case

Smith & Kelly by Michael E. Kelly, Yellville, for appellants.

J.F. Atkinson, Jr., Fort Smith, for appellees.

HICKMAN, Justice.

This chancery case is reversed and remanded because the trial court, on its own, ordered reformation of a promissory note and deed of trust when the only matter before the court was a motion for summary judgment on the issue of usury.

The appellants, residents of Texas, sued the appellees, residents of Louisiana to cancel a land transaction concerning property in Marion County, Arkansas. The suit...

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