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FIRST NAT. BANK OF VICKSBURG v. CARUTHERS

No. 53801.

443 So.2d 861 (1983)

FIRST NATIONAL BANK OF VICKSBURG, Vicksburg, Ms and D.W. Ellis, Trustee, v. Michael B. CARUTHERS and Rebecca R. Caruthers.

Supreme Court of Mississippi.

Rehearing Denied January 25, 1984.

Attorney(s) appearing for the Case

David W. Ellis, A.J. (Buddy) Dees, Jr., Ellis, Braddock & Bost, Vicksburg, for appellant.

Wren C. Way, Way & Field, Vicksburg, for appellees.

John Land McDavid, Richard M. Edmonson, McDavid, Edmonson & Noblin, E.L. Brunini, Sr., Walter S. Weems, Brunini, Grantham, Grower & Hewes, Jackson, for amicus curiae.

Before WALKER, P.J., and BOWLING and PRATHER, JJ.

WALKER, Presiding Justice, for the Court.

This is an appeal from the Chancery Court of Warren County wherein the court permanently enjoined the appellant, First National Bank of Vicksburg and D.W. Ellis (hereinafter the Bank), from exercising the power of sale as contained within a deed of trust securing certain property owned by the appellee. Aggrieved with this decision, the appellants have perfected their appeal to this Court. We reverse.

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