Covington County Bank v. Magee

DICKINSON, Presiding Justice,

for the Court:

¶ 1. Earnest Ray Magee sued Covington County Bank (CCB) for conversion after it seized collateral for a promissory note and later sold the property at auction. CCB moved under Mississippi Rule of Civil Procedure 12(b)(6) to dismiss, arguing (1) that the statute of limitations had expired; (2) that it had a contractual right to the property; and (3) that Magee’s claim was barred by issue preclusion. The circuit judge denied CCB’s motion and we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. CCB sought a writ of replevin to seize collateral when Magee failed…