BOATMEN'S BANK v. FOSTER

No. 19030.

878 S.W.2d 506 (1994)

BOATMEN'S BANK OF SOUTHERN MISSOURI, f/k/a Boatmen's National Bank of Cassville, Plaintiff-Appellant, v. Oliver FOSTER, Defendant, and Lucinda Earlene Harber, Movant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

June 22, 1994.


Attorney(s) appearing for the Case

Lincoln J. Knauer, Mark D. Pfeiffer of Farrington & Curtis, Springfield, for plaintiff-appellant.

Craig A. Smith, of Daniel, Clampett, Lilley, Dalton, Powell & Cunningham, Springfield, for movant-respondent.


MONTGOMERY, Judge.

Boatmen's Bank of Southern Missouri (Bank)1 appeals a trial court judgment enjoining the execution sale of certain Stone County real estate. In that judgment, the court (1) quashed the execution and (2) permanently enjoined the Bank from levying upon the real estate.

On January 16, 1992, the Bank filed a petition with the Stone County Circuit Court, seeking a judgment against Oliver Foster on an unpaid promissory...

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