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BURCH v. LAND PARTNERS, L.P.

Nos. 1999-IA-01640-SCT, 1999-IA-01837-SCT.

784 So.2d 925 (2001)

Emery BURCH d/b/a B-Co., Inc., v. LAND PARTNERS, L.P. Land Partners, L.P., v. Emery Burch d/b/a B-Co., Inc.

Supreme Court of Mississippi.

April 26, 2001.

Attorney(s) appearing for the Case

Lowe Arthur Hewitt, Attorney for Appellant in No. 1999-IA-01640-SCT.

Erik M. Lowrey, Patrick H. Zachary, Hattiesburg, Attorneys for Appellee in No. 1999-IA-01640-SCT.

Patrick H. Zachary, Hattiesburg, Erik M. Lowrey, Attorneys for Appellant in No. 1999-IA-01837-SCT.

Lowe Arthur Hewitt, Attorney for Appellee in No. 1999-IA-01837-SCT.

BEFORE BANKS, P.J., SMITH and WALLER, JJ.

SMITH, Justice, for the Court:

¶ 1. These two consolidated interlocutory appeals present the issue of whether the Lamar County Chancery or Circuit Court is the more appropriate forum to hear and decide these two lawsuits which arise from a real estate transaction between Land Partners, L.P. (hereinafter "LPLP"), and Emery Burch d/b/a B-Co (hereinafter "Co."). On July 13, 1998, LPLP filed suit in Lamar County Chancery Court alleging that B-Co. fraudulently procured...

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