MERRICK v. STEPHENS

No. 7875.

337 S.W.2d 713 (1960)

Joe D. MERRICK, Plaintiff-Appellant, v. Rolla STEPHENS, Defendant-Respondent.

Springfield Court of Appeals, Missouri.

Motion for Rehearing or to Transfer Overruled September 9, 1960.


Attorney(s) appearing for the Case

Charles D. Tudor, Joplin, for plaintiffappellant.

Stanley P. Clay, Joplin, for defendantrespondent.


RUARK, Judge.

This is an appeal by an unsuccessful plaintiff from a judgment entered September 16, 1959, which judgment denied to plaintiff recovery for payments theretofore made on a mortgage deed of trust and which, on defendant's counterclaim, found plaintiff indebted to the defendant on such mortgage and decreed foreclosure of the lien of the same, with the further provision that if the real estate security did not fully satisfy the indebtedness the balance be...

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