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STATE EX REL. HORINE FARMS v. JONES

No. 17921.

830 S.W.2d 894 (1992)

STATE, ex rel. HORINE FARMS, INC., Relator, v. The Honorable Samuel JONES and Cindy Faucett, Clerk of the Circuit Court of Lawrence County, Missouri, Respondents.

Missouri Court of Appeals, Southern District, Division Two.

May 20, 1992.

Attorney(s) appearing for the Case

Lisa A. Ghan and Craig F. Lowther, Lowther, Johnson, Joyner, Lowther, Cully & Housley, Springfield, for relator.

David P. Vandagriff, Monett, for respondents.

FLANIGAN, Chief Judge.

This is a prohibition proceeding, Rule 97,1 which stems from an interpleader proceeding, Rule 52.07, pending in the Circuit Court of Lawrence County. In dispute is the sum of $81,364.76, representing the surplus, after deduction of expenses, held by a trustee who conducted a foreclosure sale pursuant to a deed of trust executed in 1974, on certain real estate ("the land") in Lawrence County. That sale was held on...

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