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HILFIKER v. PREYER

No. 13661.

690 S.W.2d 451 (1985)

H. Max HILFIKER, Plaintiff, v. Herb PREYER, Defendant-Respondent, and Shannon Russell and Glenda Jeanice Russell, his wife, Defendants, and Joseph W. Russell and Brenda K. Russell, his wife, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division Three.

April 30, 1985.

Attorney(s) appearing for the Case

James E. Spain, John R. Hopkins, Jr., Hyde, Purcell, Wilhoit, Spain, Edmundson and Merrell of Poplar Bluff, for defendant respondent.

Andrew C. Bullard, Kennett, for defendants-appellants.

PREWITT, Chief Judge.

Two deeds of trust covering tracts owned by different persons secured the payment of a promissory note signed by all of the owners. At a foreclosure sale the tracts were sold separately and brought more than the balance due on the note and expenses of sale. The issue here is who is entitled to the surplus.

Plaintiff was the trustee of two deeds of trust given to the Malden State Bank to secure...

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