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DUNCAN v. McGAUGH

No. CA 85-467.

719 S.W.2d 710 (1986)

19 Ark.App. 276

Carl DUNCAN and Valerie Duncan, Husband and Wife, Appellants, v. Billy Charlene McGAUGH, Executrix, and Max McGaugh, Appellees.

Court of Appeals of Arkansas, Division II.

November 26, 1986.

Attorney(s) appearing for the Case

Jeff Duty, Rogers, for appellants.

Blaine A. Jackson, Bella Vista, for appellees.

MAYFIELD, Judge.

The question in this case is whether the court erred in denying appellants a trial by jury.

Appellees filed suit in unlawful detainer against appellants on April 23, 1985. On May 17 a writ of possession was issued which contained a provision for appellants to retain possession of the property by filing a $2,500.00 surety bond within five days of the issuance of the writ. The bond was filed on May 22, 1985, and trial was set

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