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MERCHANTS NAT. BANK v. STEWART

No. 90-CA-0410.

608 So.2d 1120 (1992)

MERCHANTS NATIONAL BANK v. Harry A. STEWART, Sr. and Betty Stewart.

Supreme Court of Mississippi.

As Modified on Denial of Rehearing November 19, 1992.

Attorney(s) appearing for the Case

Don A. McGraw, Jr., Montgomery Smith-Vaniz & McGraw, Canton, John C. Wheeless, Jr., Wheeless Beanland Shappley & Bailess, Vicksburg, for appellant.

Philip M. Nelson, Kirk & Nelson, Madison, for appellees.

En Banc.

BANKS, Justice, for the court:

I.

Merchants National Bank (MNB) appeals a judgment of the Chancery Court of Madison County adjudicating the rights of parties to foreclosure sale proceeds. The chancellor found that Harry and Betty Stewart (Stewarts) were entitled to the entire net proceeds. Aggrieved, MNB appeals to this court presenting several issues1. The dispute may be resolved, however, by answering three questions: (1) To...

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