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NUTZ v. SHEPHERD

No. 9212.

490 S.W.2d 366 (1973)

Louise NUTZ, Plaintiff-Respondent, v. Kenneth SHEPHERD, Defendant-Appellant, and Clinton S. and S. Construction Company, Inc., a Missouri corporation, and Philip H. Ashmore, an individual, d/b/a Midwestern Properties Company, Defendants.

Missouri Court of Appeals, Springfield District.

January 22, 1973.

Attorney(s) appearing for the Case

Ike Skelton, Lexington, Krings, Stewart, Whipple, Mauer & Eisler, Kansas City, for defendant-appellant.

Richard M. Webster, Myers, Webster, Perry, & Elliston, Webb City, for plaintiff-respondent.

BILLINGS, Judge.

In this jury-waived suit plaintiff had judgment for $16,424.00 against defendant arising out of defendant's assumption of a mortgage debt as a grantee in a deed of conveyance of real estate. For the reasons hereinafter appearing we affirm the judgment.

Default was made on the mortgage debt and at the foreclosure sale plaintiff bid in the property for $1,000.00 and brought suit against defendant and others. Plaintiff dismissed her claim against...

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