LONG v. ZIRKLE

No. 17301.

811 S.W.2d 840 (1991)

Stephen LONG, Ellene Kenney, Mehran Fathi, Marcia Fathi, Pat Long, Iola Jones, Sherri Jones, and Richard O'Connor, Plaintiffs-Respondents, v. Frankie J. ZIRKLE, Berl W. Zirkle, Robert M. Sweere, Defendants-Appellants, and Tried Stone Church of Republic, Incorporated, A Missouri Not-For-Profit Corporation, Defendant.

Missouri Court of Appeals, Southern District, Division One.

June 28, 1991.


Attorney(s) appearing for the Case

Larry K. Bratvold, Springfield, for plaintiffs-respondents.

Robert M. Sweere, Springfield, for defendants-appellants.


PREWITT, Judge.

"If a house be divided against itself, that house cannot stand." Mark 3:25 (King James). Although divided and tottering, the house of worship aptly known as Tried Stone Church has not yet fallen.

Appellants Zirkle hold a note, the payment of which is secured by a deed of trust on the church property. Defendant-Appellant Sweere is the successor trustee under the deed of trust. At the Zirkles' request he started proceedings to foreclose...

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