McNEESE v. HUTCHINSON

No. 96-CA-01417COA.

724 So.2d 451 (1998)

Jerry Wallace McNEESE and wife, Martha Francine McNeese, Appellants, v. George HUTCHINSON, Jo Ann Hutchinson and J.C. Ainsworth, Jr., trustee, Appellees.

Court of Appeals of Mississippi.

December 8, 1998.


Attorney(s) appearing for the Case

Malcolm T. Rogers, Monticello, Attorney for Appellants.

Terrell Stubbs, Attorney for Appellees.

Before McMILLIN, P.J., COLEMAN and SOUTHWICK, JJ.


McMILLIN, P.J., for the Court:

¶ 1. This case comes before the Court as an appeal from a judgment rendered by the Chancery Court of Simpson County. The case was commenced by the appellants as an injunction suit to halt a pending foreclosure of a real estate deed of trust. The appellees, who were the beneficiaries in the instrument, had commenced foreclosure, not because the appellants had defaulted in payment of the secured debt, but because they believed the...

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