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ESSLINGER v. ROACH

No. 55051.

463 S.W.2d 861 (1971)

Daryl D. ESSLINGER and Maxine Esslinger, Plaintiffs-Appellants, v. James P. ROACH, Trustee, and Agricultural Business Co., Inc., a Kansas Corporation, Defendants-Respondents.

Supreme Court of Missouri, Division No. 1.

March 8, 1971.

Attorney(s) appearing for the Case

John M. Belisle and Morran D. Harris, Osceola, for plaintiffs-appellants.

James P. Roach, Camdenton, W. Kenneth Wilke, Topeka, for defendants-respondents.

LAURANCE M. HYDE, Special Commissioner.

Action to set aside trustee's deed executed on foreclosure of a deed of trust securing a note for $20,000 and for $5,000 actual and $10,000 punitive damages. The trial court entered a judgment of dismissal on June 4, 1968. Plaintiffs filed a motion to set aside this dismissal on July 3, 1968. On June 2, 1969, plaintiffs' motion to set aside dismissal was overruled. On June 21, 1969 plaintiffs again filed a motion to set aside...

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