HATHAWAY v. HELMKAMP

No. 53048.

427 S.W.2d 455 (1968)

Vernon P. HATHAWAY, Jr., and Mary B. Hathaway, his wife, Respondents, v. Martha E. HELMKAMP and James R. Bernhoester, Defendants-Appellants, and First National Bank of Wellston, a corporation, Intervenor Defendant-Appellant.

Supreme Court of Missouri, Division No. 2.

May 13, 1968.


Attorney(s) appearing for the Case

Shaw, Hanks & Bornschein, by Charles M. Shaw, Clayton, for respondents.

Smith, Smith & Smith, Earl G. Smith, St. Louis, for appellants.


HERBERT K. MOSS, Special Judge.

This is an appeal from the Circuit Court, County of St. Louis, wherein Plaintiffs sought to enjoin the foreclosure of real property under a second deed of trust on the ground that a certain promissory note was invalid for failure of consideration, that, therefore, the second deed of trust to secure the note was invalid and for such other relief as Plaintiffs may in equity be entitled to....

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