Pierce v. American Bank & Trust Co.

Delores Pierce, as personal representative of the estate of Verus Pierce, and Abraham L. Pierce appeal a final judgment entered pursuant to a directed verdict in favor of American Bank & Trust Company (American). Appellants contend, inter alia, the trial judge erred in denying their motion for leave to file supplemental affirmative defenses. The judgment is affirmed as to Abraham and reversed as to Delores, as personal representative of Verus’s estate.

American filed a complaint to foreclose a mortgage against Abraham and Verus on April 24,1980. Verus died on March 6,1981 and a suggestion of…