KLINE v. McELROY

No. 22460.

296 S.W.2d 664 (1956)

Lillie KLINE and Sadie Whaley, Plaintiffs-Respondents, v. Perrin D. McELROY, Administrator, Appellant, and Arvid Owsley, Sheriff, Defendant.

Kansas City Court of Appeals, Missouri.

December 3, 1956.


Attorney(s) appearing for the Case

W. Raleigh Gough, Kansas City, for appellant.

Louis W. Krings, Kansas City, for respondents.


CAVE, Judge.

This is an appeal by Perrin D. McElroy, Administrator of the Estate of Henry Hough Atwood, from a judgment of the circuit court perpetually enjoining the foreclosure of a deed of trust securing a note for $1,000, executed by the plaintiffs (respondents) to the said deceased, and cancelling said note and deed of trust of record.

The judgment does not involve the title to real estate, as a mortgage is a mere lien on real estate. The amount involved...

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