OEHLER v. PHILPOTT

No. 43167.

253 S.W.2d 179 (1952)

OEHLER et al. v. PHILPOTT et al.

Supreme Court of Missouri, Division No. 1.

December 8, 1952.


Attorney(s) appearing for the Case

Paul J. Kaveney and Joyce Pueser, St. Louis, for defendants-appellants Frank R. Philpott and Clifford A. Falzone.

A. G. Schumacher, Clayton, for respondent.


CONKLING, Judge.

Elmer W. Oehler and Eva A. Oehler [hereinafter called plaintiffs] filed this action to enjoin a threatened sale of real estate by the defendant Clifford A. Falzone, trustee, under the power of sale in a deed of trust securing the hereinafter mentioned $600 note owned and held by defendant, Frank R. Philpott. The threatened sale was sought to be enjoined on the ground that an action upon the note is barred by the applicable statute of limitations....

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