WARREN v. DRAKE

No. KCD 29226.

570 S.W.2d 803 (1978)

Louis J. WARREN, Ellen L. Warren, and Richard L. Chandler, Plaintiffs-Appellants, v. Robert S. DRAKE, Jr., Ted Roush, Ruth O. Roush, and Ted Roush, Jr., Defendants-Respondents.

Missouri Court of Appeals, Kansas City District.

August 28, 1978.


Attorney(s) appearing for the Case

John K. Weilert, J. D. Williamson, Jr., Independence, for plaintiffs-appellants.

Mark T. Kempton, Sedalia, for defendants-respondents.

Before SOMERVILLE, P. J., and DIXON and TURNAGE, JJ.


SOMERVILLE, Judge.

The roots of the action from which this appeal arose run deep. In April of 1975 plaintiffs (appellants) filed suit to set aside a trustee's sale of certain real property owned by them in Benton County ostensibly conducted under a power of sale conferred by a deed of trust. Defendants Ted and Ruth Roush (respondents), mortgagee-payees of a delinquent promissory note secured by the deed of trust on the real property and by a security agreement on...

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