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AMSTAR/FIRST CAPITAL v. McQUADE

No. CA 92-1373.

856 S.W.2d 326 (1993)

42 Ark.App. 185

AMSTAR/FIRST CAPITAL, LTD., Appellant, v. Robert S. McQUADE, Roddy J. McCaskill and Martha S. McCaskill, Appellees.

Court of Appeals of Arkansas, Division I.

June 30, 1993.

Attorney(s) appearing for the Case

John E. Pruniski, Little Rock, for appellant.

Austin McCaskill, Little Rock, for appellees.

JENNINGS, Chief Judge.

This is a mortgage foreclosure case. The sole issue presented is whether a certain view easement takes priority over a prior recorded mortgage. The chancellor held that it did, but we cannot agree and therefore reverse.

In March of 1988, Big "K" Development Corporation borrowed $1.2 million from First Federal Savings of Arkansas for the purpose of establishing a residential development in West Little Rock. A mortgage to secure the indebtedness...

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