CITIZENS BANK v. WEST QUINCY AUTO AUCTION

No. 69560.

742 S.W.2d 161 (1987)

CITIZENS BANK OF EDINA, Respondent, v. WEST QUINCY AUTO AUCTION, INC., et al., Appellants.

Supreme Court of Missouri, En Banc.

Rehearing Denied January 20, 1988.


Attorney(s) appearing for the Case

Jay Benson, Kirksville, for appellants.

John B. Morthland, Marion F. Wasinger, Hannibal, for respondent.


BILLINGS, Chief Justice.

This case was transferred to this Court by the Missouri Court of Appeals, Eastern District, for reexamination of the rule of law that declares void a foreclosure sale under a deed of trust where the named trustee was not present and the sale was conducted by a third person. The Court concludes the rule of law initially declared in 1872 has long been recognized as settled by the Bench and Bar of this State; and, the principles and reasons supporting...

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