CHIMENTO v. FULLER

Nos. 2006-CA-01494-SCT, 2001-IA-00057-SCT.

965 So.2d 668 (2007)

Albert John CHIMENTO, Sr. v. Robert Albert FULLER and Gerald D. Mills, Sr.

Supreme Court of Mississippi.

September 27, 2007.


Attorney(s) appearing for the Case

James L. Farrior, III, attorney for appellant.

Byron J. Stockstill, Richard C. Fitzpatrick, Poplarville, attorneys for appellees.

Before WALLER, P.J., EASLEY and GRAVES, JJ.


EASLEY, Justice, for the Court.

¶ 1. This case involves the distribution of proceeds from a court-ordered sale of 31.3 acres of land located in Pearl River County, Mississippi, and whether the statute of limitations applies to a loan creditor. Gerald D. Mills, Sr., seeks the proceeds from a judicial foreclosure sale. Mills, however, never filed a foreclosure action on his $35,000 promissory note to preserve his interest in the real estate as collateral. In addition...

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