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JENKINS v. THYER

No. 15210.

760 S.W.2d 932 (1988)

Alfred L. JENKINS, Plaintiff-Appellant, v. Cecil G. THYER, Anna Laura Thyer, David B. Thyer, and Jimmy Hopkins, Successor Trustee, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division One.

November 30, 1988.

Attorney(s) appearing for the Case

John R. Lewis, Lewis & Stevens, P.C., Springfield, for plaintiff-appellant.

Emory L. Melton, Cassville, Harold L. Caskey, Butler, Jeri Leigh Caskey, Alton, for defendants-respondents.

HOLSTEIN, Chief Judge.

Alfred L. Jenkins appeals from a judgment of the Circuit Court of Barry County in which the trial court refused to enjoin a foreclosure sale commenced by the defendants under a power of sale and a deed of trust.

On appeal Jenkins raises two points. In his first point, the complaint is that "defendants failed to prove" that a default occurred and that an acceleration of the note took place...

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