Quimbee logo
DMCA.com Protection Status
From our private database of 16,300+ case briefs...

Colclasure v. Kansas City Life Insurance Co.

Supreme Court of Arkansas
720 S.W.2d 916 (1986)


Kansas City Life Insurance Company (KCLIC) (plaintiff) loaned $450,000 to Jackie Colclasure and her family (defendants), secured by a mortgage on the Colclasures’ farm. The Colclasures defaulted on an annual installment payment. KCLIC accelerated the maturity date, made demand, and filed suit for foreclosure in chancery court. The Colclasures answered the suit in chancery court and filed suit in circuit court, alleging that KCLIC had agreed to allow a prospective buyer of the farm to assume the debt but then reneged. The Colclasures filed motions to transfer the foreclosure suit to circuit court, to consolidate the cases, and for a jury trial. KCLIC filed a motion to dismiss the circuit-court complaint or, in the alternative, to consolidate the cases in chancery court. The trial court consolidated the cases in chancery court and denied the Colclasures’ demand for a jury trial. The trial court subsequently granted judgment for KCLIC. The Colclasures appealed, arguing, inter alia, that they had the right to a jury trial because KCLIC sought a money judgment.

Rule of Law


Holding and Reasoning (Dudley, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 366,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,300 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.