PLUMMER v. UNITED SAV. & LOAN ASS'N

No. 16302.

781 S.W.2d 827 (1989)

Francis B. PLUMMER and Ruth S. Plummer, Plaintiffs-Respondents, v. UNITED SAVINGS & LOAN ASSOCIATION, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

December 28, 1989.


Attorney(s) appearing for the Case

James K. Justus, Forsyth, William F. McCullah, Springfield, for plaintiffs-respondents.

Gregory D. Williams, Sunrise Beach, for defendant-appellant.


PREWITT, Judge.

Plaintiffs filed a three-count petition. Count I sought a permanent injunction to prevent defendant from foreclosing a deed of trust covering property owned by plaintiffs. Count II sought declaratory judgment on whether plaintiffs were in default on a note, the payment of which was secured by the deed of trust. Count III sought money damages.

The trial court severed, for trial, Counts I and II from Count III. Following nonjury trial that court...

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