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[T] Bruce v. Southtrust Bank of South Mississippi

May 12, 1998

JAMES G. BRUCE AND ELIZABETH R. BRUCE, APPELLANTS
v.
SOUTHTRUST BANK OF SOUTH MISSISSIPPI, CHARLES K. PRINGLE, AND MITCHELL AND ASSOCIATES, INC. , APPELLEES



Before McMILLIN, P.j., Diaz, And King, JJ.

The opinion of the court was delivered by: McMILLIN, P.j., For The Court:

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: 9/10/96

TRIAL JUDGE: HON. THOMAS WRIGHT TEEL

COURT FROM WHICH APPEALED: HARRISON COUNTY CHANCERY COURT

NATURE OF THE CASE: CIVIL - OTHER

TRIAL COURT DISPOSITION: CHANCELLOR DISMISSED WITH

PREJUDICE ALLOWING FORECLOSURE TO STAND.

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

This case comes before the Court as an appeal from the Chancery Court of Harrison County. James G. Bruce and Elizabeth R. Bruce, the plaintiffs at the trial level, had sued to set aside the foreclosure of two deeds of trust covering two tracts of real property owned by them. The defendants included (a) Southtrust Bank of South Mississippi, the holder of the secured debts and the successful bidder on one of the tracts at foreclosure, (b) Charles K. Pringle, the trustee who had responsibility for conducting the foreclosure sales, and (c) Mitchell and Associates, Inc., the successful bidder on the other tract. The case was submitted to the chancellor for decision on a written stipulation of facts. The chancellor declined to set aside the foreclosure sales and the Bruces brought this appeal. They raise two issues that they contend warrant reversal of the chancellor's decision by this Court. We disagree and affirm the judgment of the chancellor.

I.

Fact ...


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