KURTZ v. FISCHER

No. WD 30746.

600 S.W.2d 642 (1980)

Mildred E. KURTZ, William L. Kurtz, Sr. and William L. Kurtz, Jr., Appellants, v. Adam B. FISCHER and Howard Quarries, Inc., Respondents.

Missouri Court of Appeals, Western District.

June 9, 1980.


Attorney(s) appearing for the Case

Robert H. Ravenhill, Marshall, for appellants.

James T. Buckley, Sedalia, for respondents.

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


CLARK, Presiding Judge.

In this action plaintiffs-appellants sought to avoid the encumbrance of a deed of trust which conveyed real estate as security for repayment of a note held by defendant Howard Quarries, Inc. The claim to relief was founded on assertions that the deed of trust was without consideration, was procured by coercion and by fraud and misrepresentation. Upon a bench trial, the issues were found in favor...

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