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BANK OF URBANA v. WRIGHT

No. 19160.

880 S.W.2d 921 (1994)

The BANK OF URBANA, Appellant, v. Thelma WRIGHT, Personal Representative of the Estates of Ross Ozro Smith and Madonna E. Smith, Respondent.

Missouri Court of Appeals, Southern District, Division One.

July 27, 1994.

Attorney(s) appearing for the Case

Debra Mallonee Shantz, Jeffrey A. McFarland, Farrington & Curtis, P.C., Springfield, for appellant.

Kerry D. Douglas, Douglas, Lynch, Munton, Haun & Kirksey, P.C., Bolivar, for respondent.

MONTGOMERY, Judge.

The Bank of Urbana (Bank) appeals from an order entered in the Probate Division of the Circuit Court of Hickory County, which declared that promissory note # 9001 was not secured by the Bank's deed of trust. The order was entered after a hearing on a "Petition for Determination of Nature of Sale Proceeds from Real Estate" filed by Thelma Wright, as personal representative of the estates of Ross O. Smith and Madonna E. Smith.

The facts are...

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