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Remedies Keyed to Tabb, 8th
Colclasure v. Kansas City Life Insurance Co.
Citation:
290 Ark. 585, 720 S.W.2d 916 (1986)Facts
Kansas City Life Insurance Company loaned $450,000 to the Colclasures, evidenced by an installment promissory note secured by a mortgage on their farm. When the Colclasures defaulted on an annual installment payment, the insurance company accelerated the maturity date and filed a foreclosure suit in chancery court. The Colclasures answered and filed a separate complaint in circuit court alleging that the insurance company had indicated a prospective buyer would be allowed to assume the debt but then refused to permit the assumption. The Colclasures moved to transfer the foreclosure suit to circuit court, consolidate the cases, and demand a jury trial. The trial court consolidated the cases in chancery court and denied the jury trial demand. The day before trial, the Colclasures filed a motion for default judgment, serving the insurance company’s attorney on the day of trial.
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