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DILLARD v. EARNHART

No. 54549.

457 S.W.2d 666 (1970)

Ralph DILLARD and Dorothy Dillard, and John Caraway, Plaintiffs-Appellants, v. Clyde Lewis EARNHART, Jr., Clyde Lewis Earnhart, Sr., and Mattie G. Earnhart, his wife, and James E. Miller, Trustee, Defendants-Respondents.

Supreme Court of Missouri, Division No. 1.

September 14, 1970.

Attorney(s) appearing for the Case

Robert Stemmons, Mt. Vernon, for plaintiffs-appellants.

Neale, Newman, Bradshaw & Freeman, Jean Paul Bradshaw, Warren S. Stafford, Jerrry L. Redfern, Springfield, for defendants-respondents.

WELBORN, Commissioner.

Appeal by plaintiffs from adverse judgment in their action to set aside a deed of trust, or, in the alternative, for damages for breach of warranty against encumbrances.

In the spring of 1966, defendant Clyde Lewis Earnhart, Jr., then 36 years of age, with $4,000 supplied by his parents, defendants Clyde Lewis Earnhart, Sr., and Mattie G. Earnhart, purchased a tavern in Marionville. Clyde, Jr. gave his parents his note for the purchase...

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