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COHEN v. BRUMMET

No. WD 32636.

636 S.W.2d 126 (1982)

Lester COHEN and Julius Cohen, Appellants, v. J. Raymond BRUMMET and Freda M. Brummet, his wife, and Wyman Basinger, Sheriff of Cole County, Missouri, Successor Trustee, Respondents.

Missouri Court of Appeals, Western District.

June 8, 1982.

Attorney(s) appearing for the Case

William A. Seibel, Jefferson City, for appellants.

Thomas D. Graham, Jefferson City (Graham & Graham, Jefferson City, of counsel), for respondents.

Before SHANGLER, P. J., and PRITCHARD and DIXON, JJ.

PRITCHARD, Judge.

Plaintiffs filed suit on September 5, 1980, to enjoin the foreclosure sale of real estate under a deed of trust securing a note given to defendants Brummet, and to cancel those instruments. As grounds for relief, it was pleaded that plaintiffs had purchased the real estate and remodelled it for which a construction company made claim for labor and materials in excess of sums borrowed by plaintiffs for remodelling purposes, and they were experiencing...

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