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STATE EX REL. STATE HIGHWAY COMMISSION v. EILERS

No. 53871.

445 S.W.2d 374 (1969)

STATE of Missouri, ex rel. STATE HIGHWAY COMMISSION of Missouri, Respondent, v. Rey EILERS et al., on Exceptions of Ransom E. Dudley, Louise Dudley, and Fulton National Bank, a Corporation, Defendants, Fulton National Bank, a Corporation, Appellant.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer Denied October 13, 1969.

Attorney(s) appearing for the Case

Robert L. Hyder, Thomas E. Cheatham, Jefferson City, for respondent.

Spencer & Petri, Columbia, for defendant-appellant.

Motion for Rehearing or to Transfer to Court En Banc Denied October 13, 1969.

FINCH, Judge.

The State Highway Commission filed suit in Callaway County to condemn land for highway purposes. Named as defendants were the owners of the various tracts sought plus those holding liens thereon by reason of deeds of trust or judgments. One of the tracts was owned by Ransom E. Dudley and Louise Dudley subject to a note to the Fulton National Bank which was secured by...

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