MULLEN v. FRIDLEY

No. 10624.

600 S.W.2d 125 (1980)

Claude E. MULLEN and Florence L. Mullen, Plaintiffs-Respondents, v. Norris FRIDLEY, Sr., and Charles T. Smallwood, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied May 23, 1980.

Application to Transfer Denied July 15, 1980.


Attorney(s) appearing for the Case

Thomas J. Briegel, Briegel & Kimme, Union, for defendants-appellants.

Melvin E. Carnahan, Rolla, for plaintiffsrespondents.


HOGAN, Judge.

Plaintiffs brought this action in two counts to: 1) cancel a note and deed of trust, and 2) to enjoin exercise of the trustee's power of sale pending disposition of the cause on its merits. The trial court has entered a decree cancelling the note and deed of trust, and has permanently enjoined sale of the property to satisfy the deed of trust. Defendant appeals.

The operative facts of the case were in spirited conflict, but on the record the...

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