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LEWIS v. WOLFE

No. 8538.

413 S.W.2d 314 (1967)

John R. LEWIS, Plaintiff, v. Guy WOLFE, Maudie Wolfe, Ernest Lafferty and Lucy Lafferty, as Trustees for the Pentecostal Tabernacle Church, Defendants-Appellants, and Matthew D. Sims, Ethel Sims, also any successor Trustees of the Pentecostal Tabernacle Church, Clarence Fausett and Ernest Yates, as Trustees for the Church of God, Defendants-Respondents.

Springfield Court of Appeals, Missouri.

Motion for Rehearing or to Transfer Denied March 28, 1967.

Attorney(s) appearing for the Case

William A. R. Dalton, Daniel, Clampett, Ellis, Rittershouse & Dalton, Springfield, for defendants-appellants.

Rolland L. Comstock, Springfield, for defendants-respondents.

Motion for Rehearing or to Transfer to Supreme Court Denied March 28, 1967.

HOGAN, Judge.

This is an interpleader action brought to determine who is entitled to surplus funds realized from the sale of church property under the power of sale in a statutory deed of trust. Section 443.410, RSMo 1959, V.A.M.S. Mr. Lewis, as successor trustee, brought the action, but he is merely a stakeholder; the adversaries in the case are the two groups of interpleaded defendants...

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