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SPIRES v. LAWLESS

No. 9262.

493 S.W.2d 65 (1973)

Richard E. SPIRES and Frances T. Spires, Plaintiffs-Appellants, v. David J. LAWLESS and Eleanor L. Lawless, Defendants-Respondents, and William R. Edgar, Jr., Trustee, Defendant.

Missouri Court of Appeals, Springfield District.

Rehearing Denied February 28, 1973.

Transfer Denied April 9, 1973.

Attorney(s) appearing for the Case

Tyree C. Derrick and Ronald A. McClary, St. Louis, Robert A. McIlrath, Flat River, for plaintiffs-appellants.

J. B. Schnapp, Schnapp, Graham & Reid, Fredericktown, for defendants-respondents.

HOGAN, Judge.

This is an action for wrongful foreclosure of a deed of trust. After the action was commenced, the cause was dismissed as to the trustee on his motion, and the order of dismissal was made final and appealable pursuant to the provisions of Rule 81.06.1 Our record reflects no appeal from that order. The cause proceeded against defendants David and Eleanor Lawless, the cestuis que trust, to whom we shall refer as the mortgagees...

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