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ALAMO CREDIT CORPORATION v. SMALLWOOD

No. 33629.

459 S.W.2d 731 (1970)

ALAMO CREDIT CORPORATION, a corporation, Plaintiff-Respondent, v. Glenn W. SMALLWOOD and Darlene R. Smallwood, Defendants-Respondents, Crown Finance Corporation, Intervenor and Petitioner, Appellant, Western Surety Company, Respondent.

St. Louis Court of Appeals, Missouri.

Motion for Rehearing or to Transfer Denied October 19, 1970.

Application to Transfer Denied December 14, 1970.

Attorney(s) appearing for the Case

Buerkle & Lowes, by Kenneth L. Waldron, Jackson, for intervenor and petitioner-appellant.

Finch, Finch, Knehans & Cochrane, by Jack O. Knehans, Cape Girardeau, for respondent, Western Surety Co.

Motion for Rehearing or to Transfer to Supreme Court Denied October 19, 1970.

CLEMENS, Commissioner.

Can a senior mortgagee intervene in a replevin action ten months after the junior mortgagee has repossessed the mortgaged property by a default judgment against the mortgagor? The trial court said no and dismissed the motion to intervene as untimely. The senior mortgagee appeals from the dismissal. We affirm, not because the senior mortgagee has no substantive...

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