MICHIE v. NATIONAL BANK OF CARUTHERSVILLE

No. 10475.

558 S.W.2d 270 (1977)

Elmo MICHIE and Maxie Michie, his wife, Plaintiffs-Appellants, v. The NATIONAL BANK OF CARUTHERSVILLE, Defendant-Respondent.

Missouri Court of Appeals, Springfield District.

Motion for Rehearing or Transfer Denied October 5, 1977.

Application to Transfer Denied November 14, 1977.


Attorney(s) appearing for the Case

James E. Reeves, Caruthersville, for plaintiffs-appellants.

John R. Fowlkes, Caruthersville, for defendant-respondent.

Before BILLINGS, C. J., and HOGAN and FLANIGAN, JJ.


FLANIGAN, Judge.

On June 24, 1974, plaintiffs Elmo Michie and Maxie Michie, husband and wife, were the successful bidders at a foreclosure sale conducted under a power of sale contained in a deed of trust held by The National Bank of Caruthersville, defendant. In their three-count petition plaintiffs sought "cancellation" of the foreclosure sale and restitution of their payment ($15,000).

The petition alleged that after the foreclosure sale plaintiffs learned...

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