BIG VALLEY, INC. v. FIRST NAT. BANK, ETC.

No. 10600.

578 S.W.2d 616 (1979)

BIG VALLEY, INC., and Lloyd E. Mitchell and Julia Mitchell, Plaintiffs-Appellants, v. FIRST NATIONAL BANK OF PULASKI COUNTY and Arthur B. Cohn, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division Two.

March 8, 1979.


Attorney(s) appearing for the Case

Margaret Bush Wilson, Wilson, Smith, Wunderlich & Smith, St. Louis, for plaintiffs-appellants.

William C. Morgan, Waynesville, for defendants-respondents.


MAUS, Judge.

This is an action to enjoin a foreclosure under a power of sale in a deed of trust. The deed of trust was executed on February 2, 1970, to secure a note for $63,500.00 due on demand or 180 days. The petition was filed September 2, 1976, after publication of notice of the sale was commenced. As bases for the relief sought the amended petition in substance alleged: the plaintiffs were not in default; an agreement to accept installment payments; that a dispute...

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