CHARTER CAPITAL GROUP, INC. v. COOK

No. 17187.

813 S.W.2d 383 (1991)

CHARTER CAPITAL GROUP, INC., Plaintiff-Appellant, v. George C. COOK, and Thomas J. O'Neil, as Successor Trustee, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division One.

August 14, 1991.


Attorney(s) appearing for the Case

Randall R. Sutter, Lebanon, Gary A. Love, Ozark, for plaintiff-appellant.

James E. Baldwin, Mark E. Rector, Donnelly, Baldwin and Wilhite, Lebanon, for defendants-respondents.


MAUS, Presiding Judge.

The trial court issued a temporary restraining order against the foreclosure of a deed of trust upon real property owned by plaintiff Charter Capital Group, Inc. (Charter). Charter alleged the deed of trust was invalid because it received no money or benefit by reason of the indebtedness it secured. Charter further alleged the deed of trust was "an illegal and prohibited act pursuant to Article XI, Section 7 of the Constitution of the State...

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