BLISNER v. GURTZ

No. 32753.

432 S.W.2d 361 (1968)

Estelle BLISNER and Paul Blisner, Plaintiffs-Appellants, v. Ella GURTZ, Louis Horen and Richard E. Bates, Defendants-Respondents.

St. Louis Court of Appeals, Missouri.

September 17, 1968.


Attorney(s) appearing for the Case

Richard M. Stout, Anthony J. Sestric, St. Louis, for plaintiffs-appellants.

J. E. Sigoloff, Charles S. Sigoloff, St. Louis, for defendants-respondents.


WOLFE, Judge.

This appeal relates to an attempt to invoke equity for the marshaling of assets. The object of the suit as stated in appellants' brief is "to protect the rights of plaintiffs as junior lienholders, on some of the defendant Gurtz's properties, from favoring of Horen, as senior lienholder on all the properties." A motion to dismiss on the ground that the petition failed to state a cause of action was filed and sustained by the court. The plaintiffs appealed...

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