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RADER v. DAWES

No. WD33809.

651 S.W.2d 629 (1983)

Wilburn RADER, et al., Plaintiffs-Respondents, v. Morton H. DAWES, et al., Defendants-Appellants.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 31, 1983.

Application to Transfer Denied June 30, 1983.

Attorney(s) appearing for the Case

William B. Morgan, Elisabeth R. Sauer, Kansas City (John Edward Cash, Kansas City, of counsel), Campbell, Erickson, Cottingham, Morgan & Gibson, Kansas City, Mo., for defendants-appellants.

Vincent F. Igoe, Jr., John M. Crossett, Hale, Kincaid, Waters & Allen, P.C., Liberty, for plaintiffs-respondents.

Before WASSERSTROM, P.J., and TURNAGE and CLARK, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 31, 1983.

WASSERSTROM, Presiding Judge.

The issue here is the right to priority between two competing liens on real estate. Defendants contend theirs is prior in right because recorded first in time. Plaintiffs, on the other hand, contend that theirs is prior in right because based upon a vendor's lien. The trial court ruled for plaintiffs, and defendants appeal. Contrary to defendants' contentions...

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