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McCLURE v. WINGO

Nos. 19501, 19326.

886 S.W.2d 141 (1994)

Hugh McCLURE, Jr., and Kathryn M. McClure, Plaintiffs-Respondents, v. Larry WINGO, Debra Federico, Mark Hilton and Vicki Hilton, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division One.

Rehearing Denied October 7, 1994.

Application to Transfer Denied November 22, 1994.

Attorney(s) appearing for the Case

Carson W. Elliff, Yates, Mauck, Bohrer, Elliff, Croessmann & Wieland, P.C., Springfield, for defendants-appellants.

Gary L. Smith, Smith & Jackson, Lebanon, for plaintiffs-respondents.

MONTGOMERY, Judge.

Plaintiffs filed a petition to foreclose a deed of trust naming as Defendants, Larry Wingo, Debra Federico, and Mark and Vicki Hilton (Hiltons). On June 23, 1992, the Hiltons filed their answer and a counterclaim seeking damages from Plaintiffs because Hiltons' defective title to the subject real estate allegedly caused it to be unmarketable.

On September 15, 1992, a judgment was entered in Plaintiffs' favor granting them the relief requested...

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