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LEININGER v. MERCHANTS & FARMERS BANK, MACON

No. 55997.

481 So.2d 1086 (1986)

Dale J. LEININGER v. MERCHANTS & FARMERS BANK, MACON, MS & Charles G. Perkins & W.L. Stokes.

Supreme Court of Mississippi.

January 29, 1986.

Attorney(s) appearing for the Case

Jim Fraiser, Jackson, for appellant.

Richard M. Edmonson, Robert L. Spell, Robert A. Biggs, III, Edmonson, Biggs & Jelliffe, Jackson, Merriman M. Watkins, Crystal Springs, James E. Lever, Hazlehurst, for appellees.

Before ROY NOBLE LEE, P.J., and DAN M. LEE and PRATHER, JJ.

PRATHER, Justice, for the Court:

A constitutional challenge to Miss. Code Ann. § 89-1-55 (1972), the Mississippi power of sale foreclosure statute, gives rise to this appeal from the Chancery Court of Copiah County. Appellant Dale J. Leininger perfects this appeal and assigns the following error:

The ruling of the court deprived the appellant of his right to own property by upholding the Mississippi foreclosure notice requirements on a deed of trust...

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