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MACON-ATLANTA STATE BANK v. GALL

No. WD34645.

666 S.W.2d 934 (1984)

The MACON-ATLANTA STATE BANK, Plaintiff-Respondent, v. Raymond GALL and Jerry Gall, Defendants-Appellants, and Freddie D. Liebhart, Mary C. Liebhart, Zelta Gall, and James Gall, Defendants.

Missouri Court of Appeals, Western District.

February 14, 1984.

Attorney(s) appearing for the Case

Richard N. Brown, Brown & Casey, Brookfield, for defendants-appellants.

James P. Williams, Devoy & Williams, Brookfield, for defendants Freddie D. & Mary C. Liebhart.

Ellis & Meyer, Joseph M. Ellis, Macon, Oswald & Cottey, Louis F. Cottey, Kirksville, for plaintiff-respondent.

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

DIXON, Judge.

Defendants Raymond and Jerry Gall (father and son) appeal from a judgment in favor of the Macon-Atlanta State Bank declaring that a foreclosure sale, under which the Bank as mortgagee obtained title from the trustee, was proper and that good and marketable title was conveyed by the trustee.

Only one count of a six-count petition is involved in this appeal. The court tried separately the first count of the Bank's petition which sought declaratory...

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