Corn Insurance Agency, Inc. v. First Federal Bank of Arkansas, F.A.

Karen R. Baker, Judge.

This appeal involves the priority of mortgage liens held by appellee First Federal Bank of Arkansas, F.A., and Bank of Yellville’s assignee, appellant Com Insurance Agency, Inc., on 1.95 acres in Pulaski County owned by appellants Joe Swaffar and Sandra Swaffar. We hold that the Pulaski County Circuit Court erred in deciding this case by summary judgment and reverse and remand for trial.

The Swaffars borrowed money from Bank of Yellville on August 21, 1985. They signed a note to Bank ofYellville and gave a mortgage on approximately five acres in Pulaski County to secure…