McILLWAIN v. BANK OF HARRISBURG

No. CA 85-249.

713 S.W.2d 469 (1986)

Margaret McILLWAIN et al, Appellants, v. BANK OF HARRISBURG et al, Appellees.

Court of Appeals of Arkansas, Division II.

Supplemental Opinion on Rehearing September 3, 1986.


Attorney(s) appearing for the Case

Haley, Polk & Heister by Edward J. Bisno, Little Rock, Martin R. Kriger, Memphis, Tenn., for appellants.

Collier & Jennings by Larry R. Jennings, Rice VanAusdall, Harrisburg, Bill W. Bristow, Tommy Womack, Jonesboro, for appellees.


CLONINGER, Judge.

This is an appeal from a decree of foreclosure. In the decree, the chancellor found that appellant, Margaret McIllwain, and her now deceased husband, L.E. McIllwain, failed to mitigate damages and therefore were not entitled to be reimbursed for the losses they suffered due to the foreclosure. Although there are several other points raised on appeal and discussed below, we reverse the finding of the chancellor that appellants had the duty to mitigate...

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