CITIZENS NAT. BANK v. DIXIELAND FOREST

No. 2005-IA-00384-SCT.

935 So.2d 1004 (2006)

CITIZENS NATIONAL BANK v. DIXIELAND FOREST PRODUCTS, LLC, Pacesetter Properties, Inc., and Elwin Randy Pope.

Supreme Court of Mississippi.

August 10, 2006.


Attorney(s) appearing for the Case

Don O. Rogers, Meridian, attorneys for appellant.

Henry Palmer, attorneys for appellee.

Before WALLER, P.J., DICKINSON and RANDOLPH, JJ.


DICKINSON, Justice, for the Court.

¶ 1. In this unusual case, a bank wore two litigation hats as to one of its customers. It was both a defendant in a lender-liability lawsuit filed by the customer and a judgment creditor as a result of successful litigation against the customer. The first question presented is whether the bank, in its role as judgment creditor, may purchase at a sheriff's execution sale the customer's chose in action, that is, the customer's...

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