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GODWIN v. GERLING

No. 42023.

239 S.W.2d 352 (1951)

GODWIN v. GERLING et al.

Supreme Court of Missouri, Division No. 1.

Motion to Transfer to Denied May 14, 1951.

Attorney(s) appearing for the Case

Sluggett & Sluggett and John T. Sluggett, all of St. Louis, for appellant.

Edwards, Metcalfe & Strong and Thomas M. Meyersieck, all of St. Louis, for Roosevelt Federal Savings & Loan Ass'n. of St. Louis and Jules Q. Strong, Trustee.

Earl G. Smith, St. Louis, for St. Louis County Federal Savings & Loan Ass'n. and C. J. Gerling, Trustee.

Robert A. Hamilton, St. Louis, for Equitable Life Assur. Society of the United States and Edward W. Lake, Trustee.

Philip Gallop, St. Louis, for State Bank & Trust Co. of Wellston and Fred L. Wuest, Trustee.

Igoe, Carroll & Keefe and Wm. H. Ferrell, all of St. Louis, for Citizens National Bank of Maplewood and L. E. Evans, Trustee.

Arthur U. Simmons, Clayton, for respondents Cody and others.

Motion to Transfer to Court en Banc Denied May 14, 1951.

LOZIER, Commissioner.

This is a suit to set aside a trustee's deed executed pursuant to a foreclosure under power of sale in a deed of trust upon lots in a subdivision in Ferguson. Certain allegations of the petition are hereinafter set out. Plaintiff sought no money judgment. His prayer was that the sale and deed be declared null, void and of no effect, that the defendants be held to have no right,...

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