McIlroy Bank & Trust v. Zuber

Steele Hays, Justice.

Appellant filed suit against appellees in the Chancery Court of Washington County on two promissory notes, secured by articles of personal property, seeking foreclosure, sale and deficiency judgment. Appellees moved to dismiss the complaint under Rule 12H (3), A. R. Civ. P., on the ground the court lacked jurisdiction. Appellant responded that it could sue in equity to foreclose its security interest. The chancellor found he lacked subject matter jurisdiction and transferred the suit to circuit court. Appellant appeals.

We do not reach the merits of this appeal as the…