MILNER v. BRANSCUM

No. 86-200.

725 S.W.2d 573 (1987)

291 Ark. 463

Gary W. MILNER et ux., Appellants, v. Gid R. BRANSCUM et ux., Appellees.

Supreme Court of Arkansas.

March 16, 1987.


Attorney(s) appearing for the Case

Vaughn & Bamburg by Keith Vaughan, Jacksonville, for appellant.

Tom Tanner, North Little Rock, for appellee.


HICKMAN, Justice.

This case began as an action to quiet title, foreclose a mortgage, and for a judgment on the note and damages. The appellees counterclaimed to declare the note and mortgage void. The chancellor erroneously granted summary judgment to the appellees.

The appellants sold the property to the appellees, who assumed a first mortgage to Union National Bank of Little Rock and executed a second mortgage to the appellants. The appellees then sold the...

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