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CITY BANK & TRUST CO. OF MOBERLY v. THOMAS

No. 52082.

735 S.W.2d 121 (1987)

CITY BANK AND TRUST COMPANY OF MOBERLY, Missouri, Respondent, v. David THOMAS, Appellant, v. Ronald KIMMERLING, Respondent.

Missouri Court of Appeals, Eastern District, Northern Division.

Motion for Rehearing and/or Transfer Denied July 30, 1987.

Application to Transfer Denied September 15, 1987.

Attorney(s) appearing for the Case

Charles E. Rendlen, Hannibal, for appellant.

Ronald R. McMillin, Jefferson City, for City Bank.

Kenneth D. Kyser, Moberly, for Kimmerling.

CRIST, Judge.

Appellant (lessee) appeals the sustentation of summary judgments in favor of respondents City Bank and Trust Company of Moberly, Missouri (bank) and Ronald Kimmerling (bank's lessee). We affirm.

On May 14, 1979, Miller Farms, Inc., owner of the farmland in question, gave the Prudential Insurance Company a first deed of trust on the land to secure a note. This deed of trust was recorded on May 17, 1979. On August 12, 1983, the land was sold to...

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