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BURNEY v. McLAUGHLIN

No. 24004.

63 S.W.3d 223 (2001)

Gary and Martha BURNEY and Gary and Patsy Snadon, Respondents, v. Patrick T. McLAUGHLIN, Trustee, and Bank of America, N.A., Appellants.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or Transfer Denied October 22, 2001.

Application for Transfer Denied December 18, 2001.

Attorney(s) appearing for the Case

Robert J. Will & Larry E. Parres, Lewis, rice & Fingersh, L.C., St. Louis, for appellant.

Vincent F. O'Flauherty, Julie J. Gibson, Niewald, Waldeck & Brown, Kansas City, for respondent.

ROBERT S. BARNEY, Chief Judge.

This appeal primarily involves the relative priority of two deeds of trust held, respectively, by Respondents, Gary and Martha Burney and Gary and Patsy Snadon (hereinafter "Respondents") and Appellant, Bank of America, N.A. ("Bank") on a parcel of land located in Taney County, Missouri.1 Although Respondents had subordinated their deed of trust to that of Bank's, they contended at trial that the subsequent...

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