DARR v. BRENNAN CATTLE CO.

No. WD34006.

658 S.W.2d 906 (1983)

Rodney DARR and Terry Hepler, Plaintiffs-Respondents, v. BRENNAN CATTLE COMPANY, Defendant, and Kirkland Enterprises, Inc., Intervenor, and First National Bank of Freeport, Illinois, Intervenor-Appellant.

Missouri Court of Appeals, Western District.

September 20, 1983.


Attorney(s) appearing for the Case

Philip Dale Barrett, Kirksville, for intervenor-appellant.

Edward L. Campbell, Kirksville, for plaintiffs-respondents.

Before WASSERSTROM, P.J., and KENNEDY and NUGENT, JJ.


WASSERSTROM, Presiding Judge.

The issue in this case is whether the security interest of First National Bank of Freeport, Illinois ("the Bank") has priority over plaintiffs' judgment lien. The trial court accorded priority to plaintiffs. We reverse.

On June 2, 1981, plaintiffs obtained judgment against Brennan Cattle Company ("Brennan") for $65,000. Brennan appealed from that judgment without supersedeas bond, but subsequently voluntarily dismissed the appeal...

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