TOWNSLEY v. THIELECKE

No. 48358.

349 S.W.2d 902 (1961)

Rollo L. TOWNSLEY and Helen M. Townsley, Appellants, v. Erroll THIELECKE, Georgia Mailloux and Kenneth Yost, Respondents.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or for Transfer Denied October 9, 1961.


Attorney(s) appearing for the Case

H. Jackson Daniel, Martin Schiff, Jr., Husch, Eppenberger, Donohue, Elson & Jones, St. Louis, for appellants.

Jackson F. Adams, Clayton, for respondent.


Motion for Rehearing or for Transfer to Court en Banc Denied October 9, 1961.

BARRETT, Commissioner.

This action in four counts is said to be a suit "in equity and at law to recover for plaintiffs the surplus funds of a foreclosure sale of real property formerly owned by them." Or alternatively, "Plaintiffs' suit is grounded in contract and in fraud, either to enforce what they claim was the true consideration for the quitclaim deed they executed, or to set...

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