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Colclasure v. Kansas City Life Insurance Co.

Supreme Court of Arkansas

720 S.W.2d 916 (1986)

Relevant factsFree

Kansas City Life Insurance Co. (KCLIC) (plaintiff) loaned the Colclasure family (defendants) $450,000 secured by a farm mortgage; after the family defaulted, KCLIC filed a foreclosure suit in chancery court, and the Colclasures separately sued in circuit court claiming KCLIC had reneged on an agreement to let a buyer assume the debt. The trial court consolidated the cases in chancery court and denied the Colclasures' demand for a jury trial before entering judgment for KCLIC; the Colclasures appealed, arguing they were entitled to a jury because KCLIC sought a money judgment.

IssueFree

Whether there is a right to a jury trial in an equitable proceeding where money damages are sought, if the law issues are incidental or essential to the determination of the equitable issues.

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