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TROUT'S INVESTMENTS, INC. v. DAVIS

No. 25764.

482 S.W.2d 510 (1972)

TROUT'S INVESTMENTS, INC., d/b/a Boonville Lumber Co., Plaintiff-Respondent, v. R. Stuart DAVIS, Jr., et al., Defendants-Appellants. Don E. WINNINGHAM, Sr., Plaintiff-Respondent, v. R. Stuart DAVIS, Jr., et al., Defendants-Appellants. Fred OERLY and Frank P. Zoeller, Plaintiffs-Respondents, v. R. Stuart DAVIS, Jr., et al., Defendants-Appellants. Eugene H. GERHARDT, Plaintiff-Respondent, v. R. Stuart DAVIS, Jr., et al., Defendants-Appellants.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied July 6, 1972.

Attorney(s) appearing for the Case

Conway & Blanck, James E. Conway, and Richard J. Blanck, Boonville, for appellants National Bank of Boonville and Richard J. Blanck, as Trustee.

Dale Reesman, of Williams, Reesman & Tate, Boonville, for respondents Trout's Investments, Inc., Don E. Winningham, Sr. and Fred Oerly and Frank P. Zoeller.

Hampton Tisdale, Boonville, for respondent Eugene H. Gerhardt.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 6, 1972.

PER CURIAM.

This is an appeal from a judgment of the Circuit Court of Cooper County, Missouri in four separate lawsuits filed in that court wherein the plaintiffs seek to assert mechanic's liens for work and material on residential property and to have the court declare such liens superior and prior to a first mortgage deed of trust. The cases were consolidated for trial, jury waived...

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