FELICIANA BANK v. MANUEL & SESSIONS, L.L.C.

No. 2005-CA-01296-COA.

943 So.2d 736 (2006)

FELICIANA BANK & TRUST, Appellant v. MANUEL & SESSIONS, L.L.C., Appellee.

Court of Appeals of Mississippi.

November 21, 2006.


Attorney(s) appearing for the Case

Jay Max Kilpatrick, Jackson, attorney for appellant.

Bruce M. Kuehnle, Natchez, attorney for appellee.

EN BANC.


SOUTHWICK, J., for the Court.

¶ 1. A bank brought suit for damages resulting from the cutting of timber on land in which it held a deed of trust. The defendant was granted summary judgment because a deed of trust was found not to provide a security interest in timber. We disagree. Therefore we reverse and remand.

FACTS

¶ 2. Louis Owen Ducote owned approximately fifty-one acres of land in Wilkinson County, Mississippi. In 1995, Ducote borrowed...

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