First State Bank of DeQueen v. Gamble

I do not agree with the decision in this case and I believe it has a procedural significance that requires a full understanding of the issue involved.

On December 26, 1980, the appellee and her husband executed and delivered a promissory note to the appellant bank. The note was due on or before June 26, 1981, and it was secured by a mortgage on real property belonging to the appellee. Sometime before due date, the appellee offered to pay the amount due on the note but only if the bank would release the mortgage on her real estate. The bank refused to do this, and the appellee did not pay the…