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PHILLIPS v. COMMONWEALTH SAV. & LOAN ASS'N

No. 91-180.

826 S.W.2d 278 (1992)

308 Ark. 654

Ramon PHILLIPS, Samuel Phillips, Lue G. Kelley, Johnie Blake, Joseph Phillips, Naomi Murphy, Ruth Harris, Mable Cook, Freddie Windmon, Harvey L. Windmon, Rodella Anderson, Charlie Windmon, Odessa Cook, Betty Ann Windmon, Booker T. Windmon, Hugie Windmon, Jr., Leon A. Phillips, Jr., Dorothy Jean Gilbert, Andrew Phillips, Harvey Lee Phillips, Imogene Dantzler, Jettie Beasley, Charlie Lee Phillips, Ida B. Releford, Pear A. Howse and Katie B. Phillips, Appellants, v. COMMONWEALTH SAVINGS & LOAN ASSOCIATION, Osceola, Arkansas, Lowrance Bros. & Co., and individually CJ. Lowrance, III and C.J. Lowrance, IV, and the Resolution Trust Corporation as Conservator of Commonwealth Savings & Loan Association, Appellees.

Supreme Court of Arkansas.

March 23, 1992.

Attorney(s) appearing for the Case

Richard L. Mays, Little Rock, Oscar Fendler, Blytheville, for appellants.

Shirley E. Guntharp, Little Rock, Henry Swift, Whit Barton, Osceola, for appellees.

GLAZE, Justice.

Appellants brought a separate chancery court lawsuit to set aside a foreclosure decree which the same court had entered approximately three months earlier in favor of appellee Commonwealth Savings & Loan Association. Commonwealth had sued the estate of Ed Phillips and its coexecutors and co-trustees, Leon and Jones Phillips, for defaulting on a promissory note which was secured by eighty acres of land located in Mississippi County that had been...

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