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SCHWARZ v. COLONIAL MORTG. CO.

No. 96-458.

931 S.W.2d 763 (1996)

326 Ark. 455

Karl W. SCHWARZ, Appellant, v. COLONIAL MORTGAGE COMPANY, Randy H. Thomason, Kelly A. Thomason, Steven Murphy, and Delores Murphy, Appellees.

Supreme Court of Arkansas.

October 28, 1996.

Attorney(s) appearing for the Case

T.B. Patterson, Hot Springs, for appellant.

Marian M. McMullan, Little Rock, for appellees.

BROWN, Justice.

This is an appeal from an order of summary judgment. Appellant Karl Schwarz contends that the chancellor erred in applying the statute of limitations for cancellation of instruments, which is five years, to an ejectment matter as opposed to the statute for removal of a person from land, which is seven years. We agree that the wrong statute of limitations was applied, and we reverse the order of summary judgment and remand for trial.

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