EDWARDS v. SMITH

No. 46931.

322 S.W.2d 770 (1959)

John T. EDWARDS and Mary Jane Edwards, Appellants, v. Robert SMITH, III, Anna E. Smith and S. L. Sommers, Respondents.

Supreme Court of Missouri, Division No. 1.

Rehearing Denied April 13, 1959.


Attorney(s) appearing for the Case

Stanley I. Dale, Whitney W. Potter, St. Joseph, for appellants.

F. V. Worden, Strop & Strop, St. Joseph, for respondents Robert Smith, III, and Anna E. Smith.

John C. Landis, III, St. Joseph, for respondent Sommers.


HOLMAN, Commissioner.

Action by plaintiffs, John T. and Mary Jane Edwards, husband and wife, for $25,000 actual and $25,000 punitive damages for the alleged wrongful foreclosure of a deed of trust. Plaintiffs were the mortgagors, defendants Robert Smith III and Anna E., his wife, the mortgagees, and defendant S. L. Sommers, the trustee. At the close of all of the evidence the plaintiffs filed a motion for a directed verdict on the issue of liability which was overruled...

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