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HILL v. SECURITIES INVESTMENT COMPANY

No. 52757.

423 S.W.2d 836 (1968)

Harold R. HILL and Dorothy H. Hill, his wife, and Spirit of St. Louis Land Company, a Missouri Corporation, Appellants, v. SECURITIES INVESTMENT COMPANY OF ST. LOUIS, a Corporation, and Warren H. Wemhoener, Successor Trustee, Respondents.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or for Transfer February 12, 1968.

Attorney(s) appearing for the Case

Erwin Tzinberg, Richard A. Roth, Ziercher, Tzinberg, Human Michenfelder, Clayton, for appellants.

Jerome M. Rubenstein, William D. Rund, St. Louis, for respondents; Bryan, Cave, McPheeters & McRoberts, St. Louis, of counsel.

Motion for Rehearing or for Transfer to Court En Banc February 12, 1968.

PRITCHARD, Commissioner.

Plaintiffs individually and as sole stockholders of the Spirit of St. Louis Land Company sought by Count I of their petition to cancel a second deed of trust securing a promissory note for $267,957.45 for fraud in the inducement thereof. By Count II of their petition they sought to recover $131,743.48 payments applied by defendant, Securities Investment Company...

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