NATIONAL EQUITY RESOURCES v. MONTGOMERY

No. 18602.

872 S.W.2d 533 (1994)

NATIONAL EQUITY RESOURCES CORP., George A. Shipman and Clara J. Shipman, Appellants, v. Joel MONTGOMERY and Marvin Motley, Trustee, Respondents, and John Fears and Mary Fears, Intervenor-Defendants.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and/or Transfer Denied February 25, 1994.

Application to Transfer Denied April 26, 1994.


Attorney(s) appearing for the Case

Donald W. Ingrum, Branson, for appellants.

Charles B. Cowherd, Farrington & Curtis, Springfield, for respondents.


PARRISH, Chief Judge.

This is an appeal from a summary judgment holding that a nonjudicial foreclosure based on a second deed of trust was valid. This court affirms.

George Shipman and Clara Shipman, husband and wife, executed a promissory note dated July 18, 1986, in the face amount of $436,000 payable to the order of Twin City Savings Bank. They also executed a deed of trust denominated as "Second Deed of Trust and Security Agreement" to secure its payment...

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