In Re Jlj Inc., D/B/A All American Trade Day, Debtor. Karen B. Rush v. Jlj Inc., D/B/A All American Trade Day, Rush Building Company, Inc.

FAY, Circuit Judge:

The issue in this adversary proceeding is ownership of the debtor’s promissory notes, secured by a mortgage on a tract of land located along U.S. Highway 431 near Guntersville, Alabama. The debtor, JLJ, Inc., purchased the subject property in 1986 from appellee Karen Rush and gave her the promissory notes as partial payment. Karen Rush claims present ownership of the notes. In 1987, Karen Rush’s husband and attorney-in-fact assigned the notes and mortgage to appellant Rush Building Company, Inc. (hereinafter RBC). RBC claims to own the notes as Karen Rush’s assignee.…